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No win no fee carries law firm to victory in Boral class action beauty parade
Alicia Lyons 2021-03-31 11:13 pm By Miklos Bolza Sydney

The law firm running its class action on a no win no fee basis has been crowned the winner in a battle against two competing firms to lead a shareholder class action against construction giant Boral, in the first such judgment handed down in the wake of a High Court ruling on competing class actions.

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Greensill Bank to avoid asset seizure for now as Australian creditors named
Financial Services 2021-03-31 6:18 pm By Cindy Cameronne Sydney

A judge has allowed a German bank owned by Greensill Capital, which owes creditors over $1.75 billion, to temporarily avoid seizure of its assets as the bank seeks to have its German insolvency proceedings recognised in Australia.

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HWL Ebsworth docs sought by ANZ whistleblower could contain ‘golden nugget’, judge says
Anthony McInerney 2021-03-31 3:31 pm By Cindy Cameronne Sydney

A judge has ruled that a former ANZ trader who alleges he was fired after complaining about rate-rigging at the bank can amend his lawsuit after separate proceedings that accuse law firm HWL Ebsworth of withholding his client file are resolved, saying the HWL documents could contain a “golden nugget”.

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Litigation funder not on hook for costs in failed Airservices class action
Adam Hochroth 2021-03-31 3:01 pm By Christine Caulfield Melbourne

The litigation funder that backed a dismissed employment class action against aviation service provider Airservices Australia has successfully argued that it should not bear the company’s costs of defending the case

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JM Kelly’s negligence case against former accountant should go to trial, judge rules
Accounting 2021-03-30 6:51 pm By Cindy Cameronne Sydney

A judge has refused to summarily dismiss proceedings by collapsed construction group JM Kelly against its former accountant, finding it was an issue for trial whether he caused the company to continue operating despite financial issues leading to its liquidation.

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‘Millions of dollars of cash in bags’: Cryptocurrency trader wins lawsuit against fraudster
Bernard Coles 2021-03-30 4:39 pm By Miklos Bolza Sydney

A cryptocurrency trader has won judgment of over $1.96 million in a NSW Supreme Court lawsuit against companies owned by a convicted fraudster over a deal involving “millions of dollars of cash in bags and suitcases” and a settlement that was reached and then ignored.

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ANZ admits flex commission dealers ‘encouraged’ to offer loans with interest above base rate
ANZ 2021-03-30 4:26 pm By Christine Caulfield Melbourne

Banking giant ANZ, which is facing a class action over a flex commissions scheme by its former car finance business, has admitted that the calculation of car dealers’ commission was aimed at encouraging loans with interest above a “base rate”.

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Four months out from trial in 20-year-old trade mark spat, judge won’t add defendant
Ian Horak 2021-03-30 2:48 pm By Miklos Bolza Sydney

A judge has denied an application by industrial filter manufacturer Laminar Air Flow to add a new respondent in a long-running trade mark dispute against rival Vokes Ltd, with a judge finding the company had provided no explanation as to why the bid was made just four months before trial.

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Capilano Honey, CEO awarded $175,000 in ‘toxic honey’ defamation case
Addisons 2021-03-30 2:47 pm By Cindy Cameronne Sydney

The manufacturer of Capilano honey has won its lawsuit alleging defamation over articles that called the product “toxic” and “polluted”.

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McDonald’s franchisee says 10-minute paid rest breaks could be split up over shift
Colin Biggers & Paisley 2021-03-30 12:51 pm By Cat Fredenburgh Sydney

A McDonald’s franchisee accused of failing to give employees paid rest breaks has hit back at a lawsuit filed by the retail workers’ union, arguing its employees took their entitled breaks, but sometimes in a “non-continuous” manner.

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