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Tandem unit’s bid to shut down sham contracting class action fails again
Brendan Avallone 2020-11-30 2:02 pm By Christine Caulfield Melbourne

A unit of telecommunications contractor Tandem has lost an appeal in its fight over the validity of a sham contracting class action by technicians alleging they were misclassified as contractors and wrongly denied benefits.

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PwC looks to shut down lawsuit claiming DocuSign not a valid form of termination
Accounting 2020-11-30 1:12 pm By Cat Fredenburgh Melbourne

PricewaterhouseCoopers is seeking to strike out a lawsuit brought by a former director who claims her notice of termination was invalid because it was delivered through DocuSign.

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Lawyers wanting to grill Banksia class action silk put on short leash
Andrew Palmer 2020-11-27 10:18 pm By Christine Caulfield Melbourne

A judge has confined the scope of questions lawyers can ask disgraced senior barrister Norman O’Bryan when he takes the stand this week to give evidence for the son of the mastermind behind an alleged fee scam in the Banksia Securities class action.

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ASIC wins case against insurer Youi over 2-year delay on hail damage claim
Albert Ounapuu 2020-11-27 10:18 pm By Cat Fredenburgh Melbourne

A court has found that insurer Youi breached its duty of utmost good faith by taking two years to settle a home owner’s hail storm claim.

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Stood-down Qantas workers lose second bid for sick leave
Appeals 2020-11-27 10:13 pm By Christine Caulfield Melbourne

Qantas workers on stand-down orders during the coronavirus pandemic have lost an appeal to overturn a ruling that they are not entitled to access paid sick or compassionate leave.

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BHP can’t shut out foreign group members from class action
Alistair Pound 2020-11-27 10:08 pm By Christine Caulfield Melbourne

Mining giant BHP has lost a fight to keep foreign group members out of a shareholder class action over the Fundao dam failure in Brazil five years ago.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Appeals 2020-11-27 7:51 pm By Miklos Bolza Sydney

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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Judge postpones signing off on GetSwift move to Canada until FIRB approval
ASIC 2020-11-27 7:49 pm By Cat Fredenburgh Melbourne

A judge has indicated she will approve GetSwift’s plans to relocate to Canada, despite concerns raised by ASIC, but will wait until the company has received approval from the Foreign Investment Review Board.

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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
Allen & Overy 2020-11-27 6:58 pm By Spencer Fowler Steen Melbourne

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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‘I’ve never seen such nonsense in an affidavit’: Judge flays lawyers in S&P class action
Banton Group 2020-11-27 1:09 pm By Cat Fredenburgh Melbourne

A judge has lashed out at the legal team behind a class action against S&P over allegedly misleading credit ratings for filing hearsay evidence in support of an application to serve the ratings giant overseas, saying that “nobody who is a first year law student” would say the evidence was admissible.

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