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Former OnePath chair ‘not cooperating’ in ANZ class action, court told
Class Actions 2024-07-23 1:59 pm By Cindy Cameronne

The ex-chair of former ANZ unit OnePath “has not been cooperating” in a class action alleging it breached its duties as a trustee of superannuation funds by slugging members with excessive fees to pay commissions to financial advisers, a court has heard. 

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Super Retail hit with Fair Work complaints by former senior executives
Employment 2024-07-23 11:35 pm By Christine Caulfield

Two former executives of Rebel Sports owner Super Retail Group have filed action in the Fair Work Commission alleging contraventions related to their dismissal from the company.

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Investor class action can’t see Virgin’s advice from Herbert Smith Freehills
Class Actions 2024-07-23 11:40 pm By Cindy Cameronne

A judge has rejected arguments that Virgin Australia waived legal professional privilege over advice from Herbert Smith Freehills by claiming in a class action defence that it had a reasonable belief that statements in a prospectus for a $324 million capital raising were not misleading.

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Negligence case against Malouf Solicitors over ‘doomed to fail’ cases thrown out
Professional Negligence 2024-07-23 11:01 pm By Cat Fredenburgh

A medical imaging company has lost its negligence case alleging Malouf Solicitors failed to advise it that its defences in District Court proceedings were doomed to fail, with a judge finding the company’s executives were informed of the risks of defending the case.

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Four people charged over alleged Telegram ‘pump and dump’ scheme
White Collar 2024-07-23 11:43 pm By Cindy Cameronne

Four people have been charged with conspiracy to commit market rigging and false trading after an ASIC investigation into an alleged scheme organised on social media app Telegram to pump shares in Australian stocks and dump them at inflated prices. 

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Court questions GM’s interpretation of settlement in Holden class action
Class Actions 2024-07-22 11:04 pm By Sam Matthews

An appeals court has questioned General Motors’ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.

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McGrathNicol partners duck apprehended bias claims in Globaltech administration
Restructuring & Insolvency 2024-07-22 11:43 pm By Cindy Cameronne

A judge has rejected an application by a director of mining tech company Globaltech to replace administrators from McGrathNicol after arguing there was an appearance of bias since their fellow partners used to be on the board of its biggest unsecured creditor, Boart Longyear.

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McDonald’s opposes ‘skewed’ employee samples in underpayments class action
Class Actions 2024-07-22 3:06 pm By Cindy Cameronne

McDonald’s has raised concerns about a “skewed” sample of employees for the initial trial in a class action alleging the fast food giant denied shift managers compensation for pre- and post-shift work.

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‘Dispute can’t continue’: Judge rejects law firm’s delay bid in costs dispute with client
Business of Law 2024-07-22 11:14 pm By Christine Caulfield

A judge has rejected a Sydney law firm’s bid for an adjournment in a costs dispute with a former client, saying the spat “cannot be permitted to continue”.

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Former Big Un CFO doesn’t have to file defence in liquidators’ case
Restructuring & Insolvency 2024-07-22 3:47 pm By Cindy Cameronne

The CFO of former market darling Big Un, who has been charged with insider trading, has been excused from filing a defence or taking other procedural steps in the collapsed company’s case against its ex-directors. 

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