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3A Composites challenges commonality in cladding class action
Class Actions 2019-08-27 9:10 pm By Miklos Bolza

3A Composites has slammed the pleadings in a class action against it over allegedly combustible cladding, questioning whether the stated common issues are actually common to all group members.

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Carwoola bushfire class action wins bid to pursue insurer
Insurance 2019-08-27 3:20 pm By Christine Caulfield

The lead applicant in a class action over the Carwoola bushfire has been given the greenlight to go after CGU Insurance for loss and damage caused by the 2017 fire, which was allegedly sparked by the now insolvent Advanced Plumbing and Drains.

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Plutus conspirator had ‘high level’ role in $105M tax fraud, court told
Tax 2019-08-27 1:15 pm By Miklos Bolza

A former senior manager of Plutus Payroll played a “high level” role in a complex scheme that defrauded the Australian Taxation Office to the tune of $105 million, a court has heard, in a case involving one of the biggest revenue losses ever prosecuted.

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Court’s ‘auction’ approach in GetSwift slammed in bid to revive AMP class action
Appeals 2019-08-26 9:44 pm By Miklos Bolza

The barrister leading an appeal seeking to revive Quinn Emanuel’s fees for no service class action against AMP has criticised the approach taken in the landmark GetSwift ruling on competing class actions, saying it placed the court in the role of auctioneer and actually encouraged duplicative proceedings.

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Full Court tosses Bellamy’s class action cost-capping appeal
Appeals 2019-08-26 9:42 pm By Cat Fredenburgh

Bellamy’s has lost its appeals court battle to limit the costs incurred by lawyers jointly running two shareholder class actions against the baby food maker.

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Judge OKs $40M Sirtex settlement, rejects ‘race to the bottom’ for funding commissions
Class Actions 2019-08-26 8:53 pm By Cat Fredenburgh

A judge has signed off on a $40 million settlement reached in shareholder class action against Sirtex, including a $10 million cut for the funders, saying commission rates should reflect the risks taken by funders.

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Facebook, Instagram were entitled to block Aussie startup’s access, court told
Competition & Consumer Protection 2019-08-26 3:33 pm By Christine Caulfield

Facebook and Instagram have denied allegations they breached Australia’s competition law when they terminated the accounts of a Melbourne-based startup, saying they were entitled to block the company from their platforms.

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Regeneron steps up opposition to Kymab’s human rat patent
Intellectual Property 2019-08-26 12:47 pm By Cat Fredenburgh

US biotechnology company Regeneron Pharmaceuticals has filed a Federal Court challenge after losing its opposition to a patent application by UK biopharmaceutical company Kymab for a method of producing an animal with part-human DNA.

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Clive Palmer can’t shut down Queensland Nickel liquidation trial
Restructuring & Insolvency 2019-08-23 11:25 pm By Christine Caulfield

Businessman Clive Palmer has lost an application to put a stop to a trial in a case brought by the liquidators of collapsed Queensland Nickel after arguing the proceeding was continuing largely to pay the litigation funder bankrolling the case.

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Norwegian shipping company hit with criminal cartel charge
Competition & Consumer Protection 2019-08-23 9:20 pm By Christine Caulfield

Norway-based shipping company Wallenius Wilhelmsen Ocean AS has become the third international shipper to be charged with price fixing in Australia, just three weeks after Japan’s K-Line was hit with a record $34.5 million fine over the same alleged cartel.

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