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Sunwater to join challenge to Queensland floods class action victory
Appeals 2020-02-28 6:13 pm By Cat Fredenburgh

Dam operator Sunwater will join an appeal of a victory in a class action filed on behalf of victims of the 2011 Queensland floods, despite pleas from the firm running the case and the State of Queensland that insurers for the dam operators let the ruling stand.

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BP worker fired over Hitler parody video to be reinstated after win on appeal
Employment 2020-02-28 4:50 pm By Miklos Bolza

A refinery worker sacked by BP over a parody Hitler video has won his job back after a Fair Work Commission appeals panel overturned a prior decision upholding his dismissal, finding that the clip he shared was not offensive or inappropriate.

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Asahi offers to divest brands to avoid bitter dispute with ACCC over $16B CUB takeover
Competition & Consumer Protection 2020-02-28 3:27 pm By Alison Eveleigh

Japanese beer giant Asahi has offered to divest key beer and cider brands in a bid to convince the Australia Competition and Consumer Commission to approve its planned $16 billion acquisition of Carlton & United Breweries.

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Penfolds maker shuts down another Chinese knockoff
Intellectual Property 2020-02-28 2:34 pm By Miklos Bolza

The Australian Trade Marks Office has granted another victory to Treasury Wine Estates in its ongoing battle against Chinese firm seeking to misappropriate the Penfolds name and sell knockoff wines under similar branding in China.

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ANZ and Westpac hit with junk insurance class actions
Class Actions 2020-02-28 1:08 pm By Miklos Bolza

Slater and Gordon has expanded its Get Your Insurance Back campaign, launching class actions against ANZ and Westpac over allegedly worthless consumer credit insurance, just three months after it reached a $49.5 million settlement with NAB in a class action over similar insurance.

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‘I never liked common fund orders anyway’: Judge gives thumbs up to High Court ruling
Class Actions 2020-02-28 12:53 pm By Miklos Bolza

A  judge overseeing a shareholder class action against collapsed engineering group RCR Tomlinson has said goodbye to the common fund order in the case while welcoming last year’s High Court decision preventing these orders from being made at the early stage in class actions.

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ASIC wins unconscionable conduct case against OTC derivatives issuer AGM Markets
Financial Services 2020-02-27 10:28 pm By Cat Fredenburgh

ASIC has notched up a win against derivative issuer AGM Markets and two of its authorised representatives, with a court finding they engaged in misleading, deceptive and unconscionable conduct that caused investor losses of over $30 million.

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Combustible cladding class action gets makeover
Class Actions 2020-02-27 5:37 pm By Miklos Bolza

The lead applicant in a class action over allegedly combustible cladding has been ordered to immediately pay the defendants’ costs that were thrown away by amended pleadings that bring a “substantially new case”, over a year after the high-stakes case was filed.

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New pelvic mesh class action targets Medtronic unit, two other device makers
Product Liability 2020-02-27 4:06 pm By Alison Eveleigh

Medtronic owned Covidien and two other medical device manufacturers have been hit with a class action on behalf of thousands of women who claim to have suffered lifelong complications from the devices, the third class action over pelvic mesh implants brought in Australia.

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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Class Actions 2020-02-27 10:00 am By Miklos Bolza

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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