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High Court’s common fund ruling ‘no great disaster’, federal judge says
Class Actions 2020-02-10 10:51 pm By Christine Caulfield

The High Court’s recent ruling putting a stop to the practice of judges issuing common fund orders at the early stages of class action proceedings, while “not a good development”, wasn’t the end of the class action regime as we know it, a Federal Court judge has said.

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Lawyer wins $750,000 in defamation case over negative Google reviews
Defamation 2020-02-07 10:35 pm By Christine Caulfield

An Adelaide lawyer has been awarded $750,000 in damages after suing a woman who gave him bad reviews on Google that sent 80 per cent of his clients packing.

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ACCC slammed for ‘opaque’ demands in misuse of market power case against TasPorts
Competition & Consumer Protection 2020-02-07 5:49 pm By Christine Caulfield

A lawyer for Tasmanian state government owned ports company TasPorts has criticised the ACCC’s first-of-its kind case that alleges it is misusing its market power to stymie competition, saying it isn’t clear what the regulator wants the court to do.

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High Court won’t hear landowners case over payout for WestConnex project
Real Estate 2020-02-05 10:25 pm By Christine Caulfield

Three Sydney commercial landlords whose properties were compulsorily acquired to make way for the WestConnex project have come to the end of the road in their fight for $56.5 million in compensation, with the High Court refusing to hear their case.

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CFMEU’s John Setka says spat over member defection should be handled internally
Employment 2020-02-05 2:21 pm By Christine Caulfield

A bitter feud between the national office of the Construction Forestry Maritime Mining and Energy Union and union heayweight John Setka, who is accused of poaching members from the manufacturing division, should not play out in court, lawyers for Setka said Wednesday.

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Oliver Hume faces $12M legal challenge from overseas investors
Real Estate 2020-02-05 1:16 pm By Christine Caulfield

Real estate company Oliver Hume is facing three lawsuits from overseas investors seeking to get back the $12 million they invested in a mortgage fund that provided funding to property developers.

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Vocus class action to seek first common fund order since High Court ruling
Class Actions 2020-02-04 7:23 pm By Christine Caulfield

The funder behind the recently resolved shareholder class action against teleco Vocus will ask a judge to make a common fund order at a hearing to approve a $35 million settlement of the case, the first common fund order since the High Court appeared to put the kibosh on them.

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ASIC did nothing about Dover’s client protection policy for over a year, court told
Financial Services 2020-02-03 9:59 pm By Christine Caulfield

The Australian Securities and Investments Commission formed the view that Dover Financial’s “Orwellian” client protection policy was misleading in 2016 but did not raise its concerns with the now defunct firm until 2018, a court has heard.

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Myer shareholders get second chance to prove loss in class action
Class Actions 2020-02-03 1:15 pm By Christine Caulfield

After failing to persuade the court at trial, shareholders in a class action against Myer have another chance to prove they suffered financial loss after the department store was found to have repeatedly neglected to correct an inflated profit forecast from former CEO Bernie Brookes five years ago.

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Judge gives law firms 3 weeks to join a Westpac class action beauty parade
Class Actions 2020-01-31 9:48 pm By Christine Caulfield

A judge overseeing the first of what could be many shareholder class actions over Westpac’s anti-money laundering breaches — brought by class action specialists Phi Finney McDonald — has given other law firms a three-week deadline to notify the court if they plan to file competing proceedings.

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