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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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University of Sydney defeats lawsuit by lecturer sacked over swastika
Ashurst 2020-11-27 11:51 am By Cat Fredenburgh Melbourne

The Federal Court has thrown out a lawsuit brought against the University of Sydney by a former political economy lecturer who was fired for a seminar slide that imposed the Nazi swastika on the Israeli flag.

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GetSwift not ‘fleeing the jurisdiction’ with Canada relocation bid, court told
ASIC 2020-11-26 6:58 pm By Miklos Bolza Sydney

Logistics software company GetSwift has tried to assure the Federal Court that an attempt to relocate to Canada is not for the purpose of avoiding pecuniary penalties and damages in civil proceedings brought by ASIC and a $50 million shareholder class action.

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Romeo’s hit with fresh class action for underpaying managers at NSW stores
Adero Law 2020-11-26 6:39 pm By Spencer Fowler Steen Melbourne

Supermarket chain Romeo’s has been hit with a second class action for allegedly underpaying managers across several stores in NSW.

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Victoria, Queensland join $500M combustible cladding class actions
Amelia Smith 2020-11-26 4:56 pm By Miklos Bolza Sydney

The states of Victoria and Queensland have joined two class actions over allegedly combustible cladding as group members, with the claims in the proceedings now exceeding $500 million.

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Telstra faces $50M penalty for ‘exploiting’ Indigenous consumers
ACCC 2020-11-26 4:14 pm By Spencer Fowler Steen Melbourne

Telstra is facing the second highest penalty ever imposed under consumer law for signing up Indigenous customers to post-paid mobile plans, with the ACCC alleging the telco exploited social and cultural vulnerabilities and caused “severe” financial hardship and distress, with one customer scared they would be incarcerated for not paying up.

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