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Ernst & Young can’t rely on privilege against self-incrimination in LM Investment lawsuit
Accounting 2020-10-22 9:12 pm By Miklos Bolza Sydney

A judge has found that auditor Ernst & Young cannot rely on the privilege against self-incrimination in a lawsuit brought over its audits of failed financial services firm LM Investment Management.

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Glencore wins appeal in shipping fee fight with Port of Newcastle
ACCC 2020-08-27 9:41 pm By Alison Eveleigh Sydney

Mining giant Glencore has won its appeal over access charges to Port of Newcastle shipping channels used to export coal from the Hunter Valley.

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Banks defeat mid-trial request by ex-Dick Smith directors for financial reports
Class Actions 2020-03-24 5:05 pm By Miklos Bolza Sydney

National Australia Bank and HSBC, which are suing the liquidators of collapsed retailer Dick Smith to recoup over $125 million in loans, have successfully fought off a bid by two former company directors for a series of financial reports.

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Litigating in the age of coronavirus: The Dick Smith trial goes virtual
Class Actions 2020-03-20 7:15 pm By Cat Fredenburgh Melbourne

Six law firms are working on a consolidated trial of multiple class actions over the collapse of retailer Dick Smith, but when the trial opened in the NSW Supreme Court this week, a lone barrister appeared in court before Justice Michael Ball, amid a sea of empty bar tables. Most of the hearing’s participants joined through a virtual courtroom while members of the public were invited to watch the trial unfold on a YouTube live stream. Welcome to litigating in the age of the coronavirus.

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‘Forensic voyeurism’: Judge denies BHP bid for docs in $36M spat with insurers
Anne Horvath 2020-03-10 8:58 pm By Miklos Bolza Sydney

A subsidiary of BHP Billiton can’t get its hands on underwriting documents in its case against Lloyd’s of London and Berkley Insurance, which are being sued by the mining giant for over $36 million after allegedly substandard equipment was installed at its Olympic Dam Mine.

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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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Dick Smith class actions headed for March trial after mediation fails
Accounting 2020-02-10 11:00 am By Cat Fredenburgh Melbourne

Two shareholder class actions against failed electronics retailer Dick Smith will head to trial in March, after a failed attempt to resolve the long-running dispute in mediation.

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Dick Smith class actions can tweak case against Deloitte
Class Actions 2020-01-13 5:02 pm By Miklos Bolza Sydney

The lead plaintiffs in two shareholder class actions against Dick Smith can amend their case against accounting firm Deloitte, less than two months before a mammoth hearing is set to commence.

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‘Reasonable chance’ of settlement in Dick Smith class actions
Class Actions 2019-12-06 12:31 pm By Cat Fredenburgh Melbourne

There is a “reasonable chance” that two shareholder class actions against failed electronics retailer Dick Smith will settle by February of next year, group members have learned.

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