McCabes negligence trial delayed for firm’s discovery failures

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A trial in a negligence case by a former solicitor and client of Sydney-based McCabes Lawyers has been vacated because of the firm’s non compliance with a court’s document discovery orders.

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‘Pyrrhic victory’ for unvaxxed aged care worker unfairly sacked: FWC

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The Fair Work Commission has found that aged care provider Baptcare unfairly dismissed an employee for refusing to comply with the company’s COVID-19 vaccination policy, but declined to order any remedies in a “pyrrhic victory” for the worker.

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NAB avoids court, signs undertaking to resolve AUSTRAC compliance probe

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National Australia Bank has avoided enforcement action and entered into an undertaking with AUSTRAC to settle an investigation into compliance with anti-money laundering and counter-terrorism financing laws.

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Law firm wants 25% of $56.3M Colonial class action settlement

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Law firm Maurice Blackburn will ask a court to approve $14.5 million in costs for running a class action against Colonial First State that has settled for $56.3 million, giving account holders 75 per cent of the proceeds.

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EY dodges ‘speculative’ subpoena over independence in share sale case

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Ernst & Young has won a bid to throw out a subpoena probing whether its conflict-of-interest protocols were followed in a lawsuit against mining equipment company PPK, with a judge dismissing the summons as a fishing expedition.

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Macquarie flex commission class action says loans were part of ‘staged sales process’

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The plaintiffs in a class action over alleged unfair flex commission arrangements have hit back at Macquarie Leasing’s claims that out-of-pocket customers should have negotiated better deals with car dealers, arguing car loans were taken out as part of a “staged sales process” that limited negotiation.

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Crown’s $125M class action settlement wins court approval but no CFO for funder

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A judge has signed off on a $125 million settlement to resolve a shareholder class action against Crown Resorts over disclosures relating to its Chinese gambling operations, but has shaved $1 million from the funder’s proposed commission.

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Deep sleep therapy case re-awakened as Full Court grants appeal

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Two psychiatrists who administered the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s have won a Full Federal Court appeal in their defamation cases against publisher HarperCollins, with one of the cases being sent back for a re-trial.

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Judge won’t stay Australian Mud Company’s bid for $40M in damages for drilling patent infringement

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Mining tool company Globaltech has lost its bid to delay Australian Mud Company’s case, on foot since 2016, which seeks $39.9 million in damages for its rival’s infringement of a mining tool patent.

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Mayfair’s James Mawhinney loses challenge to re-examination

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The former director of Mayfair’s failed IPO Wealth Holdings, James Mawhinney, has lost his challenge to a judge’s decision allowing liquidators to examine him for an eighth day about the transfer of “considerable assets and funds” from the fund to other entities he controlled.

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