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Country Care fails in appeal of jury directions ruling in criminal cartel case
Appeals 2020-03-06 4:15 pm By Christine Caulfield Melbourne

Country Care and two employees have lost an appeal of a first-of-its kind Federal Court ruling on jury directions in a criminal cartel case against the mobile equipment provider.

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Combustible cladding class action gets makeover
Amelia Smith 2020-02-27 5:37 pm By Miklos Bolza Sydney

The lead applicant in a class action over allegedly combustible cladding has been ordered to immediately pay the defendants’ costs that were thrown away by amended pleadings that bring a “substantially new case”, over a year after the high-stakes case was filed.

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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Alan Shearer 2020-02-27 10:00 am By Miklos Bolza Melbourne

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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Privileges of partnership: Deloitte to learn fate of challenge to production order in Hastie class action
Alan Shearer 2020-02-26 1:40 pm By Christine Caulfield Melbourne

A ruling is expected Thursday in an appeal by the partnership of Deloitte over the production of audit files that were apparently stolen from the accounting giant’s litigation room, a high-stakes decision that will clarify the limits of a partnership’s right to claim privilege against self-incrimination.

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Ex-Norton Rose partner can’t block King & Wood Mallesons from acting for former firm
Appeals 2020-01-07 10:17 pm By Cat Fredenburgh Sydney

A former Norton Rose Fulbright partner has lost his bid to block King & Wood Mallesons and two barristers from representing the law firm in a long-running feud over his termination, with an appeals court calling his allegations against the legal team “unfounded and misconceived”.

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Westpac hit with $9.15M penalty over bad advice
Ashurst 2019-12-19 3:41 pm By Cat Fredenburgh Melbourne

A Federal Court judge has ordered Westpac to pay a $9.15 million penalty after one of its financial advisers breached the best interests duty by giving customers bad advice that resulted in millions in losses.

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De-classing threat revived as 3A Composites slams ‘simply shambolic’ combustible cladding action
Amelia Smith 2019-12-16 9:25 pm By Miklos Bolza Sydney

German cladding manufacturer 3A Composites has again threatened to call for the de-classing of a class action brought over allegedly combustible cladding, slamming the case against it as “simply shambolic” and the conduct of the applicant as “utterly irresponsible”.

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ABC, Fairfax can’t alter defence in Chau Chak Wing defamation case
Appeals 2019-11-18 3:22 pm By Cat Fredenburgh Melbourne

The ABC and Fairfax have lost their bid to file an amended defence in defamation proceedings brought by Chinese businessman Chau Chak Wing, several months after the Full Federal Court upheld a ruling striking out out the publishers’ truth defence.

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Ex-Norton Rose partner wants to appeal leave to appeal in long-running dispute
Appeals 2019-10-02 10:27 pm By Amelia Birnie Sydney

Lawyers for Norton Rose Fulbright have flagged their “very real concerns” about further delays to a long-running dispute with a former partner, who has indicated the will try to appeal a ruling partially granting him leave to appeal a discovery decision in the case.

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‘That’s something that happens in Victoria’: NSW judge hesitant to reallocate VW class actions settlement approval
Adam Hochroth 2019-09-16 10:22 pm By Amelia Birnie Sydney

The judge overseeing multiple class actions against Volkswagen over its dieselgate emissions scandal has said he will “need persuading” before reallocating the settlement approval to a different judge, because “that’s something that happens in Victoria”.

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