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CIMIC had no chance of winning stay of competing class action, judge says
Class Actions September 20, 2019 8:36 pm By Miklos Bolza

A judge has ordered engineering services firm CIMIC Group to pay the costs of a 2017 attempt to stay a competing class action against it, […]

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APRA loses case against IOOF over alleged misuse of $6.1M in members’ reserve funds
Financial Services September 20, 2019 10:04 am By Amelia Birnie

A judge has thrown out the prudential regulator’s case against IOOF over the alleged misuse of $6.1 million in superannuation reserve funds, in the first decision handed down in a case filed in the wake of last year’s explosive banking royal commission.

Ultra Tune wins $590K reduction in appeal of ‘manifestly excessive’ franchising penalty
Competition & Consumer Protection September 20, 2019 11:58 am By Amelia Birnie

National car repair franchise Ultra Tune has successfully appealed what it claimed was a “manifestly excessive” penalty for breaches of the Franchising Code of Conduct, with the Full Federal Court reducing the company’s $2.6 million fine by $590,000.

Courts to up scrutiny of group member returns in class action settlements, report says
Class Actions September 20, 2019 9:07 pm By Christine Caulfield

Expect increasing emphasis by judges on how much class action members will pocket, as scrutiny of settlements in representative proceedings continues to ramp up, says King & Wood Mallesons in the law firm’s latest class action report.

ACCC wins record $26.5M penalty against Empower Institute
Competition & Consumer Protection September 20, 2019 1:34 pm By Cat Fredenburgh

The ACCC has won a record $26.5 million penalty against defunct vocational trainer Empower Institute for “duping” disadvantaged customers into enrolling in courses they couldn’t afford with the promise of free laptops and cash.

2GB boss Adam Lang sues News Corp unit over ‘smiling assassin’ articles
Defamation September 20, 2019 3:46 pm By Miklos Bolza

The CEO of Sydney’s 2GB and Melbourne’s 3AW radio stations, Adam Lang, has sued the publisher of the Sunday Telegraph for defamation over articles he claims portrayed him as an incompetent, sadistic executive who created a toxic work atmosphere.

James Cook University appeals $1.2M judgment for sacking climate skeptic
Appeals September 20, 2019 11:09 am By Miklos Bolza

James Cook University has followed through on its promise to appeal a $1.2 million judgment awarded against it for the unfair dismissal of physics professor and climate skeptic Peter Ridd.

After questioning funder’s cut, judge quietly approves KPMG class action settlement scheme
Class Actions September 19, 2019 9:36 pm By Cat Fredenburgh

A judge has quietly given his seal of approval to a settlement distribution scheme in a class action against KPMG, after raising questions about Piper Alderman’s legal bill and the litigation funder’s “arguably excessive” cut of the confidential settlement.

National law firm slams ex-partner’s ‘sorry story’ for delays in bringing sex discrimination case
Employment September 19, 2019 10:11 pm By Amelia Birnie

A national Australian law firm has asked the Federal Court to throw out a sex discrimination claim filed against it by a former partner, on the grounds that no excuse had been provided for her delay in making a complaint other than “a fairly sorry story”.

Walton liquidator next in line to sue NAB, former director
Restructuring & Insolvency September 19, 2019 8:39 pm By Miklos Bolza

The liquidator appointed to investigate a class action over Walton Construction’s collapse is now looking to file his own case against National Australia Bank, the company’s former director, and the restructuring firm hired before the construction company’s demise.