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Judge asks if he must ‘second guess’ legal advice in Linchpin class action
Class Actions 2023-05-12 3:54 pm By Cindy Cameronne

A judge overseeing an investor class action over the collapse of advisory firm Linchpin Capital has questioned whether he has to “effectively second guess” a law firm’s advice given to group members about a partial settlement. 

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Insurance Australia agrees to $40M penalty in ‘very serious’ case over unpaid discounts
Insurance 2023-05-11 4:57 pm By Cindy Cameronne

Insurance Australia has agreed to pay a $40 million penalty in a case by the Australian Securities and Investments Commission alleging it short-changed NRMA customers a staggering $60 million in promised loyalty discounts. 

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7-Eleven class action judge OKs $2.25M in costs of settlement approval argument
Class Actions 2023-05-11 3:04 pm By Cindy Cameronne

A judge overseeing two 7-Eleven class actions has signed off on $2.25 million in costs incurred by the funder and lawyers in their pitched battle to win approval for the terms of a $98 million settlement, which included deductions of more than $44 million to cover commission and fees.

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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Court’s case management rules.

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Katy Perry shorts could ‘fall between the cracks’, designer tells court
Intellectual Property 2023-05-10 2:11 pm By Cindy Cameronne

US singer Katy Perry and an Australian fashion designer are at loggerheads over court orders to be made following a judge’s finding the pop star was liable for trade mark infringement, with concerns raised that Perry’s ‘Teenage Dream’ shorts could “fall between the cracks”. 

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Optus fronts Competition Tribunal to warn about ‘troubling’ $1.8B Telstra, TPG deal
Competition & Consumer Protection 2023-05-09 11:36 pm By Cindy Cameronne

Telstra and TPG have asked the Competition Tribunal to undo the ACCC’s rejection of their proposed regional network sharing agreement, but fellow telco Optus has warned the deal would kneecap its ability to compete.

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Noumi class action judge questions ‘unusual’ privilege bid over docs seen by Ashurst, PwC
Class Actions 2023-05-08 10:20 pm By Cindy Cameronne

A judge has questioned an “unusual” bid by Noumi to shield over 3,000 documents, their titles and the identities of those who sent them to PricewaterhouseCoopers during a 2020 investigation into the food company’s financial position.

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‘Don’t even waste my time’: Judge trashes NSW’s bid for messages in music festival class action
Class Actions 2023-05-05 2:42 pm By Cindy Cameronne

A judge has criticised a bid by the NSW government to access seven months of messages relating to drugs by the lead plaintiff in a class action over allegedly illegal strip searches at a Byron Bay music festival, saying they seemed “wholly irrelevant” to the case. 

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Melissa Caddick’s parents, receivers strike deal over Edgecliff property
White Collar 2023-05-05 4:12 pm By Cindy Cameronne

The parents and receivers for accused Sydney fraudster Melissa Caddick have reached a deal over a multi-million dollar property in Sydney’s East, but the compromise remains to be blessed by out-of-pocket investors.

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Virgin, Alliance charter pact grounded by competition watchdog
Competition & Consumer Protection 2023-05-05 12:12 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has put the brakes on a cooperation agreement between Virgin Australia and Alliance Airlines for fly-in fly-out customers, citing concerns about increased prices and reduced services. 

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