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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions 2018-11-16 11:23 pm By Cat Fredenburgh

A judge has rejected a bid by the applicants in two shareholder class actions against online fashion retailer Surfstitch to push forward with a proposed settlement of the cases without an opt-out notice to group members.

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Axed HWL special counsel says he was entitled to continued work
Employment 2018-11-16 10:28 pm By Cat Fredenburgh

A special counsel that was sacked from HWL Ebsworth after writing an article that was critical of the government’s treatment of veterans, is seeking to amend his pleadings to add claims that he was entitled to continued work under his employment contract with the firm.

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High Court declines Rebel Wilson appeal in defamation case
Defamation 2018-11-16 4:14 pm By Cat Fredenburgh

Rebel Wilson has lost a bid to have the High Court reconsider an appeals court’s decision to slash her record $4.75 million award in a defamation case against Bauer Media to $600,000.

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McMillan Shakespeare unit denies car warranties ‘illusory’
Class Actions 2018-11-15 10:55 pm By Cat Fredenburgh

Defending a class action alleging its vehicle warranties were worthless, a unit of car leasing company McMillan Shakespeare said it has paid out claims to more 3,600 drivers, and was obligated to consider each claim “on its merits”.

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Foxtel wins second challenge to Cognizant unit’s digital download patent
Intellectual Property 2018-11-15 8:34 pm By Cat Fredenburgh

Cable TV giant Foxtel has succeeded in a second challenge to a digital download patent by a subsidiary of global tech giant Cognizant, but IP Australia has given the patent owner yet another go at fixing it.

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Starcom liquidator’s case against directors to move forward
Restructuring & Insolvency 2018-11-15 3:31 pm By Cat Fredenburgh

The former directors of Starcom have lost their bid to stay proceedings brought by the company’s liquidator alleging they knew the IT solutions provider was insolvent almost two years before it was wound up.

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ACCC wins record $18M fine against property spruiker We Buy Houses
Competition & Consumer Protection 2018-11-15 2:52 pm By Cat Fredenburgh

A court on Thursday hit property spruiker We Buy Houses and its sole director, Richard ‘Rick’ Otton, with a record $18 million in total fines for misleading property investors with claims they could learn to buy real estate for $1.

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Wind farm co. settles class action over bushfire caused by electrocuted crow
Class Actions 2018-11-14 3:22 pm By Cat Fredenburgh

Renewable energy company Infigen Energy has agreed to settle a class action over the January 2017 Currandooley bushfire that was sparked by a crow that was electrocuted from a transmission line carrying power from the company’s Woodlawn wind farm near Tarago, New South Wales.

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Ex-CFO said Rio Tinto reserve write down would be ‘worse by far than expected’, ASIC claims
Corporate 2018-11-13 11:21 pm By Cat Fredenburgh

The Australian Securities and Investments Commission claims Rio Tinto’s former CFO was referring to the write down for the reserves for two coal assets that were part of a $4 billion acquisition of Rio Tinto Coal Mozambique when he sent an email to the company CEO in January 2012 that contained the phrase “worse by far than expected”.

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Ex-director of corporate insolvency firm ‘ambushed’ by partner, judge says
Restructuring & Insolvency 2018-11-13 7:21 pm By Cat Fredenburgh

A judge has found the former director of Sydney-based insolvency practice CRS Warner Kugel is entitled to compensation after he was “ambushed” out of the firm in 2014.

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