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Court can’t use general power under class action regime to dispense with opt out notice, judge says
Class Actions 2022-11-25 10:26 pm By Sam Matthews

A judge overseeing the Montara oil spill class action has found the Federal Court’s broad discretion under the class action regime is “outflanked” by the need to give group members a chance to opt out. But resolving that question on Thursday — which has divided the courts — caused a further wrinkle ahead of a hearing to weigh a settlement in the case.

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Directed Electronics wins suit over ‘reprehensible’ theft by ex-manager
Intellectual Property 2022-11-25 10:42 pm By Sam Matthews

Automotive electronics company Directed Electronics has largely prevailed in a five-year-old lawsuit alleging a former manager misappropriated company information and reaped $3.6 million in commissions through a secret side agreement with South Korean giant Hanhwa.

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ASIC issues stop orders on Perpetual crypto funds
Financial Services 2022-11-25 6:07 pm By Sam Matthews

The Australian Securities and Investments Commission has placed interim stop orders on two crypto funds distributed by Perpetual Investment Management Limited, citing the need to protect retail clients from investing in risky, volatile funds.

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Jaguar Land Rover faces class action over allegedly defective diesel filters
Automotive 2022-11-24 11:39 pm By Sam Matthews

Car manufacturer Jaguar Land Rover has been hit with a class action alleging it misled drivers over vehicles fitted with defective diesel particulate filters.

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Allianz loses fight with Probuild over $1B West Side Place development bonds
Insurance 2022-11-24 3:05 am By Sam Matthews

Insurer Allianz has lost its bid to claw back millions in performance bonds provided to collapsed building company Probuild in relation to works at a $1 billion development in the Melbourne CBD.

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Government flags reforms to copyright laws
Policy and Regulation 2022-11-24 2:55 am By Sam Matthews

The federal government has foreshadowed a review of Australia’s copyright enforcement regime, citing the need to maintain “a healthy environment for artists.”

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Court tosses Equivac horse vaccine class action against Zoetis
Class Actions 2022-11-23 12:23 pm By Sam Matthews

A judge has dismissed a class action brought against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine, finding there were “too many uncertainties” in the applicant’s evidence.

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Judge doubts law firm gave ‘full and frank advice’ on fees in Drake’s class action
Employment 2022-11-23 11:08 pm By Sam Matthews

Keeping up her scrutiny of fee disclosures by Adero Law in employment class actions launched in her court, a judge has questioned whether the law firm breached its fiduciary duty to the lead applicant in litigation against Drakes Supermarkets.

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PwC partner sued over alleged involvement in husband’s $3.3M fraud scheme
PwC 2022-11-22 10:02 pm By Sam Matthews

A PricewaterhouseCoopers partner has been taken to court over her alleged involvement in a $3.3 million scheme to defraud her husband’s employer to bankroll the couple’s lavish lifestyle, which included a $200,000 Porsche and extensive renovations to their Sydney home.

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Westpac opposes ‘premature’ notice of $126M class action settlement
Class Actions 2022-11-22 2:19 pm By Sam Matthews

Westpac has objected to several proposed notices going out to group members in a class action over ‘junk’ consumer credit insurance, which three of the Big Four banks have agreed to pay $126 million to settle.

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