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Class action members guaranteed more than 70% in first case giving lawyers slice of the pie
Class Actions 2022-02-08 2:47 pm By Christine Caulfield

The first order allowing plaintiffs lawyers to take a cut of the proceeds of a class action will guarantee group members in a case against G8 Education at least 72.5 per cent of any recoveries — a notably higher percentage than the minimum legislated by a controversial bill before federal parliament.

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Macpherson Kelley faces trial over botched lease that gave Shell extra land
Professional Negligence 2022-02-08 11:00 pm By Christine Caulfield

Macpherson Kelley is headed for trial next week in a case that alleges the law firm bungled the execution of a 10-year lease agreement with Shell for a service station in Melbourne, giving the energy giant an extra 320 square metres equating to $2.5 million in lost rent for its landlord client.

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Citing ‘leisure wear effect’, MySuper class action seeks in-person hearing
Class Actions 2022-02-08 3:03 pm By Cat Fredenburgh

The parties in a class action accusing a Commonwealth Bank of Australia unit of breaching its superannuation trustee duties want the matter to be heard in person and are willing to foot the bill for the judge to travel to Sydney to make it happen.

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IP Australia puts kibosh on extension for Bayer’s contraceptive patent
Intellectual Property 2022-02-08 10:56 pm By Cat Fredenburgh

IP Australia has quashed an extension for a patent covering a Bayer oral contraceptive, saying the extension should have been calculated based on a drug that was included on the Australian Register of Therapeutic Goods at an earlier date.

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SAS soldiers panned ‘bulls–t’ commendation awarded to Ben Roberts-Smith, court told
Defamation 2022-02-08 3:14 pm By Bianca Hrovat

It was common knowledge that SAS soldiers sought the retraction of a “bulls–t” commendation awarded to war veteran Ben Roberts-Smith for acts of bravery in Afghanistan in 2012, a trial in a defamation case against Fairfax has heard.

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IOOF class action to get ASIC files on abandoned insider trading probe
ASIC 2022-02-08 4:00 pm By Sam Matthews

The corporate watchdog has been subpoenaed for its investigation files in the latest development in a protracted discovery fight in a shareholder class action over alleged misconduct by wealth manager IOOF.

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In latest setback for shareholder class actions, judge finds Iluka did not breach disclosure rules
Class Actions 2022-02-07 11:21 am By Christine Caulfield

Investors have lost their class action against Perth-based Iluka Resources, the latest shareholder class action to fail after pushing through to trial.

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Full Court says Facebook can be sued in Australia over Cambridge Analytica scandal
Privacy & Cybersecurity 2022-02-07 11:30 pm By Sam Matthews

The Full Federal Court has held Facebook can be sued in Australia for allegedly disclosing the personal data of over 300,000 users to political research firm Cambridge Analytica.

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Fairfax slams Ben Roberts-Smith barrister’s cross-examination technique
Defamation 2022-02-07 9:27 pm By Bianca Hrovat

Fairfax has accused senior counsel representing Ben Roberts-Smith of using cross-examination to try to identify the source of allegedly defamatory articles that accused the former SAS soldier of war crimes.

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Deloitte report on Mercedes-Benz fixed-price model was ‘spin’, court hears
Automotive 2022-02-07 1:46 pm By Cat Fredenburgh

Australian Mercedes-Benz dealers behind a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model allege the car maker engaged Deloitte as a consultant so it could “spin” its real reasons for making the change.

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