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‘A schemozzle’: Judge pans firm’s attempt to drop class action against Telstra
Alexander Law 2023-04-20 2:56 pm By Cindy Cameronne Sydney

A judge has slammed as a “schemozzle” a law firm’s attempt to drop a class action by Telstra employees over the telecom giant’s COVID-19 vaccine policy, saying it failed to seek court approval for the discontinuance or give notice to group members as required.

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Both sides need ‘reality check’ in NAB ‘boys club culture’ case, judge says
Christopher Parkin 2023-04-19 11:36 pm By Cindy Cameronne Sydney

The National Australia Bank and its former head of repo trading both “might need a bit of a reality check” in a discovery stoush, a judge has said in a case alleging the senior employee was bullied and paid less than other workers because of her gender.

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Judge won’t stay reference in ‘monumental’ Santos, Fluor litigation
Construction 2023-04-19 10:48 pm By Sam Matthews Melbourne

A judge won’t stay a reference process which US company Fluor claims is infected with bias, in a “monumental” dispute with energy giant Santos that has already generated a $57.5 million legal bill for the engineering firm.

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Federal Court’s new top judge to bring ‘swashbuckling to judging’
Business of Law 2023-04-19 10:06 pm By Cindy Cameronne Sydney

The Federal Court’s new Chief Justice Debra Mortimer will bring a sense of adventure to her role as top judge, which she foreshadowed will be approached holistically in a welcome ceremony before pre-eminent members of the legal community. 

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Analysis 2023-04-19 1:29 pm By Sam Matthews Melbourne

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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Sargon liquidators take Diversa to court, mull insolvent trading claims against directors
Ashurst 2023-04-18 11:01 pm By Christine Caulfield

Liquidators of Sargon Capital are pursuing a claim for $4 million against super trustee firm Diversa and are investigating potential insolvent trading claims against the collapsed fintech’s directors.

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Bruce Lehrmann case ‘beset by tension’ between police, DPP, inquiry told
Carol Webster 2023-04-17 11:36 pm By Christine Caulfield

The relationship between police and prosecutors involved in the criminal case against accused rapist Bruce Lehrmann was “beset by tension” from the outset, an inquiry has heard.

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Judge says liquidator can be paid ahead of preferred creditors
Ben Katekar 2023-04-17 11:15 pm By Sam Matthews Melbourne

In a novel decision, a judge has found that a liquidator is entitled to claim his “arguably disproportionate” costs ahead of the preferred claims of company employees.

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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Acting Justice Carolyn Simpson 2023-04-17 10:25 pm By Sam Matthews Melbourne

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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$50M settlement approved in NT Stolen Generation class action
Alexander Edwards 2023-04-17 4:35 pm By Cindy Cameronne Sydney

A judge has approved a $50.45 million settlement in a class action by family members and deceased estates of the Northern Territory Stolen Generations. He has also approved a 13 per cent funding commission by way of a common fund order, saying debates about CFOs had become “lost in the label”.

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