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Class action beauty parade takes centre stage at High Court
Class Actions 2020-11-09 10:56 pm By Christine Caulfield

The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge’s power to choose a single class action among competing proceedings and what, if anything, should be made of a case’s funding structure and likely returns to group members when picking a winner.

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McMillan Shakespeare to pay $9.5M to settle $47.6M class action
Class Actions 2020-11-09 3:01 pm By Miklos Bolza

The lead applicant in a $47.6 million class action against McMillan Shakespeare over ‘illusory’ car warranties will seek court approval for a $9.5 million settlement, less than 20 per cent of the claim value.

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Fuji Xerox can’t strike out EY, ex-director’s defences in case over $450M accounting scandal
Accounting 2020-11-09 2:49 pm By Cat Fredenburgh

A judge has denied Fuji Xerox’s attempt to strike out parts of the defences of Ernst & Young and a former Fuji director in a lawsuit over alleged massive accounting irregularities.

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Glencore largely prevails in ATO appeal over $92M tax fight
Appeals 2020-11-06 9:57 pm By Miklos Bolza

Mining giant Glencore has mostly defeated an appeal by the Australian Taxation Office in their tax fight, and will only have to pay $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Qantas engineers appeal COVID-19 stand down win for airline
Employment 2020-11-06 2:10 pm By Christine Caulfield

Aircraft engineers for Qantas are challenging a ruling that the airline had no “genuine choice” when it stood them down in March during the COVID-19 pandemic.

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High Court dismisses Clive Palmer’s challenge to WA’s COVID-19 border restrictions
COVID-19 2020-11-06 12:07 pm By Miklos Bolza

Billionaire Clive Palmer has lost his challenge to Western Australia’s COVID-19 border lockdown, with the High Court tossing the case after finding the state’s measures were constitutionally valid.

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Mylan fails in High Court bid to save patents for top seller Lipidil
Intellectual Property 2020-11-06 12:06 pm By Cat Fredenburgh

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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Notice to all Slater & Gordon shareholders unnecessary, judge says as Pitcher Partners case scrapped
Class Actions 2020-11-05 5:27 pm By Miklos Bolza

Notice of the discontinuance of a class action on behalf of Slater & Gordon shareholders against Pitcher Partners need not be sent to all group members, a judge has ruled, acknowledging there would be “significant practical difficulties” with trying to reach everyone.

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Amicus to argue against CFO in $138M IAG class action settlement
Class Actions 2020-11-05 4:34 pm By Miklos Bolza

An amicus curiae will be appointed by the court to argue against a common fund order application by the funder backing a class action against two Insurance Australia Group subsidiaries, after the insurance giant agreed to a $138 million settlement last month.

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Judge in Masterchef’s defamation case says success more likely with in-person mediation
Defamation 2020-11-05 2:48 pm By Miklos Bolza

A judge has encouraged celebrity chef Jock Zonfrillo and the publisher of The Australian to attend an in-person mediation to resolve their defamation dispute, saying that face-to-face mediations have a better chance of succeeding than those held virtually.

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