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PwC can’t ‘rout’ documents through ‘postbox’ lawyer to secure privilege, court finds
Accounting 2022-04-06 5:52 pm By Miklos Bolza Sydney

Advice from non-lawyers and “routed” through a legal practitioner at multidisciplinary partnership PricewaterhouseCoopers cannot be shielded under legal professional privilege, the Federal Court has found.

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Connective directors hit with indemnity costs for ‘outrageous’ conduct in shareholder stoush
Allens 2022-04-06 4:55 pm By Miklos Bolza Sydney

The directors of mortgage aggregator Connective Services have been hit with indemnity costs for their “outrageous conduct” in pursuing litigation against a company shareholder, including giving false statements and destroying evidence.

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Court to probe if 7-Eleven class action funder, law firm had deferred fee arrangement
7-Eleven 2022-04-06 11:50 pm By Christine Caulfield Melbourne

A marathon hearing of an application for court approval of a $98 million settlement in two 7-Eleven class actions has ended with a judge taking the rare step of signing off on the settlement amount while withholding approval of the legal costs and funding commission.

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Judge to appoint costs referee in $56.3M Colonial First class action settlement
Adam Hochroth 2022-04-06 3:33 pm By Sam Matthews Melbourne

Continuing a recent trend in class actions, a judge will appoint a referee to weigh in on Maurice Blackburn’s costs in a $56.3 million settlement in a class action against Colonial First State, but has so far declined to appoint a contradictor.

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High Court deals blow to trust beneficiaries in victory for ATO
Appeals 2022-04-06 5:43 pm By Cindy Cameronne Sydney

The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.

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High Court awards Paralympian $6.75M for fall in campdrafting competition
Appeals 2022-04-06 5:21 pm By Sam Matthews Melbourne

The High Court has ordered a sports association to pay $6.75 million to a woman who suffered a serious spinal injury after falling during a campdrafting competition in Ellerston, New South Wales, overturning an appeals court decision that cleared the association of negligence.

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Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Allens 2022-04-06 5:29 pm By Sam Matthews Melbourne

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.

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Morrison cleared to call election after failure of challenge to Liberal pre-selections
Clayton Utz 2022-04-05 10:44 pm By Christine Caulfield Melbourne

A court has dismissed a challenge by a Liberal Party member to a decision by prime minister Scott Morrison and two other members of the federal executive to endorse incumbents to contest seats in NSW at the upcoming election, a ruling that paves the way for the PM to name the date.

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Judge takes ‘wait and see’ approach to trial in Epic cases against Apple, Google
Allens 2022-04-05 2:49 pm By Miklos Bolza

A judge has held off selecting from a “basket of imponderables” in determining how he will hear two competition lawsuits by Epic Games against Apple and Google over the removal of the popular multiplayer game Fortnite from the tech giants’ online stores.

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‘Bad luck’: Judge denies penniless Captain Cook College’s appeal delay bid
ACCC 2022-04-05 8:59 pm By Sam Matthews Melbourne

A judge has rejected an application by training provider Captain Cook College to postpone the hearing of its appeal in a case won by the ACCC, saying the company’s inability to fund the appeal was “largely a problem of [its] own making.”

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