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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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Late document dump in Banksia class action a ‘professional disgrace’, court told
Andrew Palmer 2020-11-26 11:48 am By Christine Caulfield Melbourne

Last-minute discovery of emails by the solicitor facing accusations of complicity in a fraudulent scheme by his father and the barristers leading a class action over the collapse of Banksia Securities has been labelled a “professional disgrace” that has twice delayed his trial.

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Banksia class action judge shoots down barrister’s proportionate liability notice
Andrew Palmer 2020-11-25 10:51 pm By Christine Caulfield Melbourne

The judge overseeing a trial over alleged misconduct by lawyers behind the Banksia class action has blasted a bid by disgraced senior counsel Norman O’Bryan to file a notice of proportionate liability ahead of his turn in the witness stand, saying the notice flew in the face of the barrister’s decision to concede defeat in the case.

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Former solicitor general to act as contradictor in GetSwift recusal appeal
Alan Shearer 2020-11-25 4:42 pm By Spencer Fowler Steen Melbourne

Former solicitor general Justin Gleeson SC has been appointed contradictor in GetSwift’s battle to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in ASIC’s case against the logistics provider.

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CIMIC looks to strike out class action over $1.8B writedown
Allens 2020-11-25 10:52 am By Cat Fredenburgh Melbourne

Engineering services company CIMIC is looking to strike out a shareholder class action alleging it failed to keep the market informed about issues with its Middle East operations.

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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
Allen & Overy 2020-11-23 10:32 pm By Spencer Fowler Steen Melbourne

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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Class action filed against major childcare operator G8 Education
Class Actions 2020-11-23 9:29 am By Christine Caulfield Melbourne

Australia’s largest childcare centre operator G8 Education has been hit with a shareholder class action alleging the company failed to keep investors in the loop about increased costs and occupancy rates affecting its 2017 financial performance.

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