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‘Likely’ GetSwift class action settlement should not be delayed by High Court appeal, judge says
Class Actions 2019-02-07 9:36 pm By Christine Caulfield

A judge won’t defer the opt-out notice in a shareholder class action against GetSwift pending the High Court’s decision on a special leave application to revive a competing class action, saying the sooner the case settles the better.

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ASIC challenge to Westpac personal advice ruling likely
Financial Services 2019-02-07 11:16 am By Miklos Bolza

The Australian Securities and Investments Commission will likely appeal a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Coles manager who harassed staff with Facebook friend requests not unfairly fired, FWC says
Employment 2019-02-06 11:49 pm By Cat Fredenburgh

A Coles manager who sexually harassed and bullied young female employees by touching them and asking them to friend him on Facebook was fired by the supermarket giant for a valid reason, the workplace umpire has found.

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Fairfax won’t drop suit against Network 10 over Boss trade mark
Intellectual Property 2019-02-06 10:54 pm By Cat Fredenburgh

Fairfax Media is moving forward with a lawsuit against Network Ten over the alleged infringement of its “Boss” trade mark, even after the TV broadcaster agreed to stop using the name.

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Maurice Blackburn drops investigation of Opal Tower class action
Class Actions 2019-02-06 9:48 pm By Christine Caulfield

Maurice Blackburn has dropped its investigation of a possible class action on behalf of owners of units in Sydney’s faulty Opal Tower, but Corrs Chambers Westgarth is still pursuing a potential case.

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Rival law firms backpedal in deal over competing Commonwealth Bank class actions
Class Actions 2019-02-06 9:11 pm By Miklos Bolza

Law firms Maurice Blackburn and Phi Finney McDonald have stepped back from a proposed consolidation of their class actions against the Commonwealth Bank of Australia and want to run their own cases again, but now with “harmonised” pleadings.

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Class action threat hurt Boart Longyear scheme vote, judge says
Corporate 2019-02-06 9:02 pm By Cat Fredenburgh

A judge has recommended another shareholder vote over Boart Longyear’s plan to move to Canada, saying a letter by a minority shareholder warning the move could imperil a possible class action against the distressed mining services company was misleading and affected the integrity of the vote.

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Merck Sharp & Dohme slams Wyeth vaccine patent claims as ‘hearsay and speculation’
Intellectual Property 2019-02-06 8:17 pm By Miklos Bolza

Claims by Wyeth that its patented Prevnar 13 pneumococcal vaccine was inventive because other pharmaceutical giants had failed in developing similar vaccines are based on “hearsay and speculation,” Merck Sharp & Dohme told the court during closing submissions in the high-stakes trial over the world’s best-selling vaccine.

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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Appeals 2019-02-05 10:50 pm By Miklos Bolza

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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ABC demands details from Michelle Guthrie before mediation in unfair sacking case
Employment 2019-02-05 9:58 pm By Miklos Bolza

The ABC has called for a “clearer articulation” of former managing director Michelle Guthrie’s unfair sacking claims against the broadcaster ahead of court-ordered mediation.

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