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No holds barred in GetSwift class action challenge
Appeals 2018-07-27 11:58 pm By Christine Caulfield

The naming of Squire Patton Boggs as a concurrent wrongdoer in GetSwift’s defence puts the law firm in an “impossible position of conflict of interest” if it wins a challenge to an order staying its class action against the company, the Full Federal Court has been told ahead of a highly anticipated appeal hearing that promises to pull no punches.

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Privilege not waived by DLA Piper phone call over Circadin patent
Intellectual Property 2018-07-27 11:03 pm By Christine Caulfield

Two generic drug makers have lost their bid for confidential documents related to Neurim Pharmaceuticals’ patents covering sleep drug Circadin, with a court ruling legal professional privilege was waived in a phone conversation between a DLA Piper lawyer and the company’s founder.

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Surfstitch shareholders get hands on ASIC transcripts
Class Actions 2018-07-26 10:23 pm By Christine Caulfield

Investors in a class action against failed online retailer Surfstitch Group won access Thursday to transcripts of interviews of former boss Justin Cameron by the corporate watchdog.

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Only exposed Deloitte partners can claim privilege in Hastie class action
Class Actions 2018-07-26 3:41 pm By Christine Caulfield

Shareholders in a class action against Deloitte over the collapse of engineering company Hastie Group have won a major ruling against partners at the auditing firm who resisted handing over evidence to the class for fear of incriminating others at the accounting giant.

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ACCC takes Europcar to court for excessive card surcharges
Competition & Consumer Protection 2018-07-26 7:56 am By Christine Caulfield

Europcar has been hit with an enforcement action by the Australian Competition and Consumer Commission accusing the rental car company of slapping customers with excessive credit and debit card payment surcharges.

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Directed Electronics can’t block rival Hanhwa’s deal with Izuzu in IP case
Intellectual Property 2018-07-24 11:26 pm By Christine Caulfield

A judge has dismissed a bid by Australian auto electronics company Directed OE for an injunction stopping South Korean rival Hanhwa from supplying a new audio visual unit to truck company Izuzu it claims was developed using confidential information.

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MinterEllison settles claims over solar company collapse
Securities 2018-07-24 10:02 pm By Christine Caulfield

MinterEllison has resolved claims by two directors of failed Solar Shop Australia alleging the law firm, which was retained by the company to advise on a buyback scheme involving $15 million in shares owned by founder Adrian Ferraretto, breached its duty of care.

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Phi Finney McDonald teams up with most feared US plaintiffs firm in BHP class action
Class Actions 2018-07-24 3:19 pm By Christine Caulfield

The litigation funder underwriting a shareholder class action against BHP Billiton over the company’s Brazilian mine disaster is a corporation created by two major US plaintiffs’ firms with the sole purpose of backing the Australian case.

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AMP says email exchanges with Clayton Utz exaggerated
Class Actions 2018-07-23 11:15 pm By Christine Caulfield

AMP has hit back against claims in the first of multiple class actions it faces, saying its practice of charging fees for no service did not warrant disclosure to shareholders. And despite sacking its GC for the extent of his exchanges with Clayton Utz over a report into the practice, the company now says the number of interactions was exaggerated.

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Daiso fined $355,000 for selling dangerous toys
Competition & Consumer Protection 2018-07-23 12:11 pm By Christine Caulfield

Japanese retail store Daiso has been fined $355,000 for selling dangerous products, including projectile toys, that did not comply with Australian safety standards.

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