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Halted questioning about ASIC emails warrants Octaviar class action re-trial, court hears
Critical emails from ASIC regarding a $250 million loan facility to Octaviar Group before its 2008 collapse were not only overlooked by the Public Trustee of Queensland in its role overseeing the firm's finances but were wrongly deemed irrelevant by the judge that heard the case, the Full Federal Court was told.
No evidence that rapist line uttered, Sarah Hanson-Young tells court
Greens Senator Sarah Hanson-Young has slammed Liberal Democrat Senator David Leyonhjelm's attempt to stay her defamation case against him without providing evidence that the alleged misandrist comments at the heart of the proceedings were spoken in Parliament.
Spotless challenges redundancy payment ruling
Spotless Services is challenging a ruling that it owes redundancy to three workers employed at the Perth International Airport that were on fixed contracts.
AFT not ready to take its medicine for ‘misleading’ Maxigesic ads
AFT Pharmaceuticals has launched a partial challenge to a court ruling that its Maxigesic ads made a number of misleading claims, including that the drug provides stronger and more effective relief than Reckitt Benckiser's Nuromol.
‘Likely’ GetSwift class action settlement should not be delayed by High Court appeal, judge says
A judge won't defer the opt-out notice in a shareholder class action against GetSwift pending the High Court's decision on a special leave application to revive a competing class action, saying the sooner the case settles the better.
ASIC challenge to Westpac personal advice ruling likely
The Australian Securities and Investments Commission will likely appeal a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.
Common fund orders fulfil class action promise, lawyers tell historic appeals court
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.
Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.
Deloitte continues fight to keep Hastie files secret after claiming partner made off with them
Deloitte is challenging a judge's ruling that certain partners not be excused from an order to produce files of the accounting giant's audit work for Hastie Group to shareholders in a class action over the construction company's collapse, its latest move after a failed attempt to persuade the judge that a rogue partner had taken the only copies of the files and refused to give them back.
Boutique firm Phi Finney McDonald ’eminently qualified’ to run BHP class action, experts say
Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge's ruling to choose the "less experienced" firm to lead a shareholder class action against BHP Billiton.