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Judge rejects bid for second opt out notice in Merivale class action
Class Actions 2023-03-27 3:27 pm By Sam Matthews

A judge overseeing a $129 million underpayments class action against hospitality giant Merivale has rejected a bid for a second round of opt out notices, finding that even if the first round went straight to employees’ junk or spam folders, it did not follow that they had not been read.

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Johnson Winter Slattery poaches real estate ace from Corrs Chambers Westgarth
Real Estate 2023-03-27 10:03 pm By Cindy Cameronne

Johnson Winter Slattery has lured a long time Corrs Chambers Westgarth lawyer to join its real estate team in Melbourne as a special counsel.

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Linchpin class action settles with directors, continues against AIG
Class Actions 2023-03-24 10:19 pm By Cindy Cameronne

An investor class action has reached a settlement with four former directors of defunct Linchpin Capital, leaving only allegations against AIG Insurance, which is allegedly seeking to withdraw an admission that directors were insured under a D&O policy. 

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YTL Power’s case over capital gains tax on $1B sale hopeless, court finds
Tax 2023-03-24 8:59 pm By Cat Fredenburgh

The tax commissioner has convinced a judge to throw out proceedings by Malaysian power company YTL Power seeking declarations that it does not owe capital gains tax from the sale of its stake in ElectraNet Pty Ltd.

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Court to hear bid to join insurers to class action against Blue Sky, EY
Class Actions 2023-03-24 10:27 pm By Sam Matthews

The insurers of Blue Sky Alternative Investments are fighting a bid to be joined to a consolidated investor class action against the company and its auditor, EY.

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Murdoch wants court to decide if Crikey defamed him before trial
Media 2023-03-24 10:34 pm By Cindy Cameronne

Fox News CEO Lachlan Murdoch wants a court to decide before trial whether a Crikey article published last year that allegedly linked him to the US Capital riot was defamatory. 

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ABC to rethink truth defence in defamation case by ex-commando Heston Russell
Defamation 2023-03-24 10:05 pm By Sam Matthews

A judge has sent the ABC away to rethink its truth defence to claims in a case brought by former Army major Heston Russell that alleges two articles in 2021 defamed him by suggesting among other things that he was involved in murdering an Afghan prisoner.

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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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Developers added to Apple, Google class actions despite conflict concerns
Class Actions 2023-03-23 4:38 pm By Cindy Cameronne

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

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Bayer ‘deeply suspicious’ of pre-trial discovery bid in fight over Xarelto patents
Intellectual Property 2023-03-23 2:09 pm By Sam Matthews

German pharmaceutical giant Bayer has slammed generic drug make Sandoz’s late bid for documents, which it called an attempt to “divert and distract” Bayer on the eve of a three-week trial over the patents for its top-selling blood clot drug Xarelto.

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