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National Library to back pay staff $250,000 in agreement with FWO
Employment 2020-11-02 12:36 pm By Spencer Fowler Steen

Australia’s largest library has entered into a “stringent” enforceable undertaking with the Fair Work Ombudsman after underpaying more than 100 employees to the tune of $250,000 in wages and super.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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Government kicks off review into privacy law overhaul
Privacy & Cybersecurity 2020-10-30 10:40 pm By Cat Fredenburgh

The Attorney-General’s office has begun its review into whether the Privacy Act is fit for the digital age, including whether the law should be changed to allow consumers to bring lawsuits, including class actions, for privacy breaches.

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Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says
Accounting 2020-10-30 10:23 pm By Miklos Bolza

Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

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Banksia funder Mark Elliott’s ‘practice’ of deleting emails doesn’t gel, court told
Class Actions 2020-10-30 10:12 pm By Christine Caulfield

A routine practice by the funder behind the scandal-ridden Banksia class action of deleting emails, documented in a letter by his solicitors just days before his death, isn’t consistent with the electronic record maintained in another class action in which he was involved, a court overseeing a trial in the case has heard.

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Court approves one of the first video opt out notices in a class action
Class Actions 2020-10-30 10:12 pm By Miklos Bolza

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

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Sigma general manager charged with insider trading
White Collar 2020-10-30 9:10 pm By Cat Fredenburgh

A former general manager of Sigma Healthcare is facing up to twenty years in prison after being charged with two counts of insider trading.

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Boston Scientific faces possible pelvic mesh class action
Class Actions 2020-10-30 12:08 pm By Miklos Bolza

A Sydney-based law firm is conducting a class action investigation into medical device manufacturer Boston Scientific’s pelvic mesh products, adding to the growing list of companies facing lawsuit by women who claim they experienced pain and other adverse symptoms due to the implants.

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Westpac settles US class actions over BBSW trading, money laundering disclosures
Class Actions 2020-10-30 10:59 am By Christine Caulfield

Westpac has reached settlements in two separate US class actions over the bank’s trading activity in the bank bill swap rate market and disclosures in relation to its compliance with Australia’s anti-money laundering and counter-terrorism financing laws.

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Pitcher Partners’ bid for indemnity costs from class action gets poor reception
Class Actions 2020-10-29 7:12 pm By Miklos Bolza

A judge has expressed skepticism at claims by accounting firm Pitcher Partners that the lead applicant of a now dropped class action over its auditing advice to Slater & Gordon should be hit with indemnity costs for discontinuing the case.

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