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AFT not ready to take its medicine for ‘misleading’ Maxigesic ads
AFT Pharmaceuticals has launched a partial challenge to a court ruling that its Maxigesic ads made a number of misleading claims, including that the drug provides stronger and more effective relief than Reckitt Benckiser's Nuromol.
‘Likely’ GetSwift class action settlement should not be delayed by High Court appeal, judge says
A judge won't defer the opt-out notice in a shareholder class action against GetSwift pending the High Court's decision on a special leave application to revive a competing class action, saying the sooner the case settles the better.
ASIC challenge to Westpac personal advice ruling likely
The Australian Securities and Investments Commission will likely appeal a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.
Common fund orders fulfil class action promise, lawyers tell historic appeals court
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.
Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.
Deloitte continues fight to keep Hastie files secret after claiming partner made off with them
Deloitte is challenging a judge's ruling that certain partners not be excused from an order to produce files of the accounting giant's audit work for Hastie Group to shareholders in a class action over the construction company's collapse, its latest move after a failed attempt to persuade the judge that a rogue partner had taken the only copies of the files and refused to give them back.
Boutique firm Phi Finney McDonald ’eminently qualified’ to run BHP class action, experts say
Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge's ruling to choose the "less experienced" firm to lead a shareholder class action against BHP Billiton.
It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don't fall foul of the 'vibe of the thing'.
Maurice Blackburn slings mud at ‘less experienced’ firm in BHP class action battle
Maurice Blackburn has criticised a judge's decision to award carriage of a massive shareholder class action against BHP over the fatal collapse of a dam at its Brazilian mine to "less experienced" firm Phi Finney McDonald, lodging what is now the second high-stakes challenge to a ruling permanently staying a competing class action.
GetSwift to contest High Court special leave bid
Logistics startup GetSwift has confirmed it will fight an appeal to the High Court by law firm Squire Patton Boggs challenging a landmark ruling that permanently stayed two of three competing shareholder class actions against the company.