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BHP class action to take fresh look at pleadings after failure of CBA cases
Class Actions 2024-07-18 1:28 pm By Cindy Cameronne

A shareholder class action against BHP has sought more time to finalise its pleadings ahead of trial, after a judge threw out two class actions against the Commonwealth Bank that also alleged continuous disclosure breaches.

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Judge recuses himself from Sunshine Loans penalty hearing, calls for new court protocol
Legal Ethics 2024-07-18 11:15 pm By Sam Matthews

The judge who presided over ASIC’s successful case against payday lender Sunshine Loans has recused himself from deciding on penalty in the matter, saying a new court protocol might be needed for when a judge makes an adverse credit finding during the liability phase of a case.

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AFL merch maker wins trade mark suit against US company Fanatics
Intellectual Property 2024-07-18 10:02 pm By Sam Matthews

AFL merchandise maker FanFirm has won a trade mark case against US sports merchandise giant Fanatics, with a judge finding it knew about the Australian company’s ‘Fanatics’ trade marks when it chose its corporate name.

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Grays hit with $10M penalty for misleading cars listings
Competition & Consumer Protection 2024-07-18 11:48 pm By Cindy Cameronne

Online auction site Grays has been ordered to pay $10 million in penalties after it admitted to making misleading statements in the descriptions of at least 750 cars listed for sale on its website. 

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Judge rejects law firm’s updated bid in Hyundai, Kia class actions
Class Actions 2024-07-17 11:50 pm By Sam Matthews

A judge has rejected a law firm’s attempt to update its bid to run class actions against Hyundai and Kia, saying the changes were intended to net the firm a competitive advantage in an upcoming fight for carriage of the class actions and different in substance from its previous position.

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Judge gives law firm tough time over extra costs to distribute BSA class action settlement
Employment 2024-07-17 11:34 pm By Christine Caulfield

A law firm has secured more funds to cover the cost of distributing a $20 million settlement reached in a class action against telco contractor BSA, but not as much as it wanted, with a judge saying the firm would have been stuck with its initial estimate if the administration gig had been put out to tender.

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Super Retail Group’s action against lawyers wants lid on info ahead of employees’ case
Employment 2024-07-17 11:57 pm By Christine Caulfield

Preemptive action brought by Rebel Sports owner Super Retail Group against lawyers acting for the retailer’s employees in a proposed $50 million lawsuit seeks court orders concealing information expected to be filed in the case.

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Opal Tower builder Icon, Liberty Mutual spar over class action legal bill
Insurance 2024-07-17 10:59 pm By Cindy Cameronne

The builder of Sydney’s troubled Opal Tower has brought a claim for indemnity against insurer Liberty Mutual, which has already agreed to pay out $22.5 million, claiming it is owed a total of $12.5 million for its costs in defending a class action by residents. 

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Clive Palmer files bid for default judgment against ex-ASIC chair James Shipton
ASIC 2024-07-17 11:08 pm By Cindy Cameronne

Clive Palmer has filed an application for default judgment against the former chair of the Australian Securities and Investments Commission, James Shipton, in his proceedings alleging he acted in bad faith and beyond his power in the regulator’s pursuit of claims.

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Scrapped Chorley exception should not be revived based on law firm size, Full Court says
Business of Law 2024-07-16 11:11 pm By Cindy Cameronne

An incorporated legal practice has lost its bid to recover costs for work done by its own solicitors while self-represented in a dispute with a former client, with the Full Federal Court finding that making an exception based on firm size would “revive an inequality before the law”.

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