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Law firm’s cut of EML class action driven down by carriage fight in separate case
Class Actions 2022-12-08 11:30 am By Sam Matthews

A judge has granted a law firm’s bid for a group costs order in a shareholder class action against payments processing company EML, but has trimmed its proposed cut of any recovery after comparing it to the contingency fee rate the firm accepted in another class action.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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Battle to run Blue Sky, EY class action not over, as firm appeals order to team up with rival
Appeals 2022-12-08 10:55 pm By Christine Caulfield

A law firm wants to challenge a court order that it play nice with a competing firm in a class action for investors against Blue Sky Alternative Investments and auditor EY.

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High Court won’t hear appeal of security for costs order in Westconnex class action
High Court 2022-12-08 5:38 pm By Cindy Cameronne

The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.

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High Court rejects Western Power appeal in bushfire class action
High Court 2022-12-07 4:57 pm By Sam Matthews

The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Trials 2022-12-07 4:38 pm By Cindy Cameronne

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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Judge shaves $5M off agreed penalty in ACCC case against Uber
Competition & Consumer Protection 2022-12-07 11:14 am By Sam Matthews

A judge has imposed a $21 million penalty on Uber for misleading customers through platform-wide cancellation messages and estimated fares on its Uber Taxi option, $5 million short of the “very substantial” sum jointly agreed by the parties.

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‘Spectre’ of business interruption class actions laid to rest with test cases, insurers argue
Insurance 2022-12-06 10:26 pm By Cindy Cameronne

Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed. 

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Boral’s privilege claim upheld over EY investigation in shareholder class action
Securities 2022-12-06 10:09 pm By Cindy Cameronne

Boral has won its bid to shield from shareholders in a class action three investigative reports, including one by accounting giant EY, concerning financial irregularities in the construction company’s North America windows business.

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Judge rejects barrister’s fishing expedition in doggie defamation case
Defamation 2022-12-06 5:15 pm By Sam Matthews

A judge has rejected barrister Gina Edwards’ “somewhat speculative” bid to issue interrogatories to Nine, weeks out from trial in a defamation case brought over the media company’s coverage of her custody battle for famed social media pooch Oscar the cavoodle.

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