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Court’s ‘auction’ approach in GetSwift slammed in bid to revive AMP class action
Appeals 2019-08-26 9:44 pm By Miklos Bolza

The barrister leading an appeal seeking to revive Quinn Emanuel’s fees for no service class action against AMP has criticised the approach taken in the landmark GetSwift ruling on competing class actions, saying it placed the court in the role of auctioneer and actually encouraged duplicative proceedings.

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Judge OKs $40M Sirtex settlement, rejects ‘race to the bottom’ for funding commissions
Class Actions 2019-08-26 8:53 pm By Cat Fredenburgh

A judge has signed off on a $40 million settlement reached in shareholder class action against Sirtex, including a $10 million cut for the funders, saying commission rates should reflect the risks taken by funders.

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IP Australia stubs out British American opposition to Philip Morris cigarette pack patent
Intellectual Property 2019-08-23 8:37 pm By Miklos Bolza

IP Australia has dismissed opposition by British American Tobacco to a patent sought by rival cigarette company Philip Morris that covers a resealable cigarette packet that claims to provide an improved experience for smokers.

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Security ordered in light rail class action amid $2.26M Lander & Rogers discovery bill
Class Actions 2019-08-23 4:56 pm By Miklos Bolza

The NSW Supreme Court has ordered the lead plaintiff in a class action over the Sydney light rail construction project to pay $1.25 million in security for costs to Transport for NSW ahead of discovery, which is expected to cost $2.26 million.

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Domino’s Pizza wants class action claims struck out, but judge not biting yet
Class Actions 2019-08-22 9:49 pm By Christine Caulfield

Arguing the pleadings are “evasive or ambiguous”, Domino’s Pizza has made a bid to strike out the statement of claim filed in a class action alleging franchisees underpaid thousands of workers across Australia for five years.

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Quintis founder seeks transcripts of ASIC interviews
ASIC 2019-08-22 8:58 pm By Miklos Bolza

Six individuals interviewed by ASIC in relation to the collapse of sandalwood producer Quintis have sought leave to intervene in the regulator’s case against the company’s founder, Frank Wilson, after he sought discovery from ASIC of interview transcripts.

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Lendlease class actions set down for beauty parade, but applicants in talks to avoid contest
Class Actions 2019-08-22 8:36 pm By Miklos Bolza

Two competing shareholder class actions against developer Lendlease have been locked in for a beauty parade before the judge who recently forced the consolidation of three class actions against engineering firm RCR Tomlinson.

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Full Federal Court may weigh validity of NAB ‘junk’ insurance class action
Class Actions 2019-08-22 8:17 pm By Amelia Birnie

A class action against National Australia Bank over allegedly worthless consumer credit insurance could be referred to the Full Federal Court just three months out from trial, amid concerns that the class action was not validly commenced.

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Radio Rentals applicants fear prejudice if settlement talks break down
Class Actions 2019-08-22 3:45 pm By Amelia Birnie

The applicants in the Radio Rentals “Rent, Try $1 Buy” class action have flagged the potential for prejudice caused by the respondents’ late evidence, with concerns about their capacity to be ready by the looming trial date if ongoing settlement negotiations hit a dead-end.

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Workers win landmark personal leave challenge against Cadbury maker Mondelez
Employment 2019-08-21 10:14 pm By Cat Fredenburgh

In a majority ruling that will have significant ramifications for how companies calculate employees’ personal leave days, the Full Federal Court has found that the method used by food manufacturer Mondelez in granting the entitlement for its Tasmanian shift workers left them worse off than under the Fair Work Act.

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