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Vocus ruling cements return to class action book building by funders
Analysis 2020-05-05 10:37 pm By Christine Caulfield

A decision this week rejecting a proposed common fund order at the settlement approval stage of a class action against teleco Vocus has dashed the hopes of litigation funders that a recent High Court ruling would not foreclose on judges using discretion at the end of a case and will cement a return to bookbuilding and a focus on shareholder class actions by institutional investors.

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Tabcorp faces potential class action over cash out error
Class Actions 2020-05-05 9:57 pm By Alison Eveleigh

Betting giant Tabcorp may be hit with a class action after the company accidentally offered punters larger than usual cash out amounts for certain bets and then sought to reclaim the cash.

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Government’s draft COVIDSafe bill makes misuse of data a criminal offence
Privacy & Cybersecurity 2020-05-05 5:44 pm By Miklos Bolza

The Federal Government has released draft legislation laying down protections for those using the COVIDSafe app which include criminal offences for the misuse of data and options for individuals to lodge complaints with the privacy commissioner.

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Top silk ‘joked’ with class action lawyer Mark Elliott about misleading fee expert, court told
Class Actions 2020-05-05 5:34 pm By Christine Caulfield

A prominent silk deliberately misled a cost consultant retained to provide an opinion on the barrister’s fees to a court overseeing a class action over the collapse of Banksia Securities, then joked about it with lawyer and litigation funder Mark Elliott, a judge has been told.

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Hytera witnesses may travel to Hong Kong to be cross-examined at Motorola IP trial
Intellectual Property 2020-05-05 3:42 pm By Miklos Bolza

Chinese-based witnesses for Hytera may be able to travel to Hong Kong for cross-examination in a now rescheduled copyright trial between Motorola and Hytera, after Chinese law and the ongoing COVID-19 health crisis forced the court to vacate the hearing, initially due to start this week.

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Hanwha mostly defeats bid for more discovery in solar patent feud
Intellectual Property 2020-05-05 3:23 pm By Christine Caulfield

A court has substantially dismissed an application for further discovery by three companies facing a lawsuit by chemical and energy giant Hanwha Solutions for patent infringement of its solar cell technology.

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ACCC says lower fine ‘appropriate’ in VW appeal of record $125M ‘dieselgate’ penalty
Competition & Consumer Protection 2020-05-05 12:58 pm By Alison Eveleigh

The Australian Competition and Consumer Commission maintains its $75 million settlement agreement with Volkswagen over the emissions cheating scandal was “appropriate”, as VW progresses its appeal of the $125 million penalty imposed by a judge who called the ACCC agreement “manifestly inadequate”.

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Judge greenlights MP’s defamation trial despite COVID-19 restrictions
Defamation 2020-05-04 8:14 pm By Alison Eveleigh

A Victorian Liberal MP seeking damages for allegedly defamatory Facebook statements has been given the green light to proceed with a judge-only trial, after jury trials were suspended in Victoria amid the COVID-19 pandemic.

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Common fund order slapped down in Vocus class action
Class Actions 2020-05-04 5:50 pm By Miklos Bolza

A judge has declined to make a common fund order in approving a $35 million settlement in a shareholder class action against telecommunications firm Vocus Group, resulting in a reduced payout for the funders that backed the case.

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GSK, Novartis agree to $4.5M penalty for misleading Osteo Gel claims
Competition & Consumer Protection 2020-05-04 3:40 pm By Alison Eveleigh

GlaxoSmithKline and Novartis have agreed to a combined penalty of $4.5 million after the Australian Competition and Consumer Commission accused the pharmaceutical giants of making misleading claims in marketing their Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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