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BSA can ringfence $13M capital raising from $20M class action payout
Class Actions 2022-07-05 6:14 pm By Sam Matthews

Telco contractor BSA has won a bid to ringfence a $13 million capital raising from a $20 million settlement reached with group members in a Shine Lawyers-led class action accusing the company of misclassifying its workforce of technicians as independent contractors.

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Tegan George forced to regroup with sex discrimination claims against Ten
Corrs Chambers Westgarth 2022-07-05 4:15 pm By Sam Matthews

A judge has told journalist Tegan George to rework her sex discrimination claims against Network Ten, following an interlocutory stoush over her claims that the network’s Canberra bureau, led by high profile political reporter Peter van Onselen and executive editor Anthony Murdoch “was a workplace that was hostile to women.”

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Law firms must come clean when drafting expert reports
Analysis 2022-07-04 10:33 pm By Sam Matthews

A judge’s recent ruling throwing out an expert report in a trade secrets case because the law firm briefing the expert had failed to disclose its involvement in preparing the evidence is a stark reminder to solicitors their paramount duty is to the court, not to their client.

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Photo of signed contract suffices, judge finds in $7M win for Japan’s Mitsui
Contracts 2022-07-04 2:09 pm By Sam Matthews

A judge has found that a partly obscured photo showing a signature was enough to render a contract enforceable, in a multi-million dollar contract fight between Mitsui & Co and a Victorian steel mill operator.

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After ‘very unfortunate’ loss, Carwoola bushfire class action dodges indemnity costs
Alexander Edwards 2022-07-01 11:03 pm By Sam Matthews

The lead applicant in an unsuccessful class action over the Carwoola bushfire has avoided indemnity costs sought by insurer CGU and has won a 40 per cent reduction in the amount of legal costs it will have to cover for the defendant.

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Liquidator reprimanded by ASIC for breaching rules on independence
ASIC 2022-07-01 10:45 pm By Sam Matthews

The corporate regulator has reprimanded a liquidator for “serious” breaches of independence rules, and has directed the insolvency practitioner to refuse appointments until next year.

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‘I want complete transparency’: Forum Finance director faces grilling for legal funds
Allens 2022-07-01 1:28 pm By Sam Matthews

A judge has told Forum Finance director Vince Tesoriero to “revisit” evidence about his true financial position if he wants to win the release of $1.25 million to pay for his defence in Westpac’s fraud case against him, amid concerns about whether he has made full disclosure to the court.

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Defendants rail against pleadings in 5-year-old Lane Cove Tunnel dispute
Allens 2022-06-30 9:37 pm By Sam Matthews

A judge has indicated he will allow the operator of Sydney’s Lane Cove Tunnel to amend its pleadings in a lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel.

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Class actions too complex to run without lawyers, judge says
Class Actions 2022-06-30 12:36 pm By Sam Matthews

A judge has tossed a class action brought by a self-represented applicant against Wilson Security, saying class actions should not be run without lawyers.

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ASIC sues Mercer Financial over fees for no service conduct
ASIC 2022-06-30 12:10 pm By Sam Matthews

ASIC has brought court proceedings against wealth manager Mercer Financial Advice, alleging the company charged fees for services it did not provide and made false and misleading representations to thousands of customers.

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