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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
ASIC 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Banks defeat mid-trial request by ex-Dick Smith directors for financial reports
Class Actions 2020-03-24 5:05 pm By Miklos Bolza

National Australia Bank and HSBC, which are suing the liquidators of collapsed retailer Dick Smith to recoup over $125 million in loans, have successfully fought off a bid by two former company directors for a series of financial reports.

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Litigating in the age of coronavirus: The Dick Smith trial goes virtual
Class Actions 2020-03-20 7:15 pm By Cat Fredenburgh

Six law firms are working on a consolidated trial of multiple class actions over the collapse of retailer Dick Smith, but when the trial opened in the NSW Supreme Court this week, a lone barrister appeared in court before Justice Michael Ball, amid a sea of empty bar tables. Most of the hearing’s participants joined through a virtual courtroom while members of the public were invited to watch the trial unfold on a YouTube live stream. Welcome to litigating in the age of the coronavirus.

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Sparke Helmore off the hook as court slams IOOF unit with $81M judgment over plantation sale
Agriculture 2019-09-26 2:50 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees has been hit with an $80.6 million judgment after breaching its duty as trustee in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group, and it can’t pass the liability on to Spark Helmore, despite the law firm’s inadequate advice.

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Dyno Nobel, Orica settle case over rock blasting method patent
Bruce Caine 2019-09-25 2:58 pm By Christine Caulfield

Explosives maker Dyno Nobel has reached a mid-trial settlement in its case against its major rival, Orica, over a patent for a method for blasting rock at open cut mines.

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Ex-CBA exec facing criminal charges ordered to hand over docs in US lawsuit
Arnold Bloch Leibler 2019-07-02 9:03 pm By Amelia Birnie

A former Commonwealth Bank executive facing criminal commercial bribery charges has been ordered to hand over a number of documents in a US lawsuit brought by IT company Computer Sciences Corporation, but has avoided orders compelling him to take the witness stand.

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IOOF unit’s case ‘utterly unsupportable’, Sparke Helmore tells court
Alan Sullivan 2019-07-02 8:40 pm By Miklos Bolza

Sparke Helmore has refuted allegations by IOOF subsidiary Australian Executor Trustees (SA) that it failed to provide proper legal advice to the trustee on a 2012 pine plantation sale that left 4,500 investors without millions of dollars worth of assets.

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‘Neglect, inexperience, incompetence’: IOOF unit faces $82M trial over plantation sale
Alan Sullivan 2019-07-01 7:23 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees (SA) is facing an $82 million claim for compensation by investors angered by the way the trustee handled the sale of a 42,000 hectare timber plantation run by collapsed forestry giant Gunns Group.

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Ex-HWL Ebsworth lawyer admitted errors in Sydney land tender, court hears
Coleman Greig Lawyers 2019-06-19 8:13 pm By Amelia Birnie

A court has heard a former HWL Ebsworth property lawyer admitted to errors in a due diligence report missing crucial flood risk information that is at the centre of a trial over a $28.5 million sale of Crown-owned land in Sydney.

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Shareholder class action against Sirtex settles mid-trial
Class Actions 2019-06-06 10:47 pm By Christine Caulfield

Sirtex Medical has reached a mid-trial agreement to resolve a shareholder class action that centred on the biotech company’s sales forecasts of its radiation treatment.

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