ACCC loses appeal over $205M Pacific National, Aurizon terminal deal

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The ACCC has come up short in its appeal of a ruling that dismissed its challenge to Pacific National $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the Full Federal Court also releasing Pacific National from an undertaking given to the court.

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First common fund order granted in the wake of High Court ruling

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A judge has made a common fund order in approving a $3 million settlement in a class action against mortgage lending and investment company RMBL, the first common fund order granted since the High Court shot down these orders in the early stages of class actions.

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Landmark shareholder class action against Myer dismissed

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A closely watched shareholder class action against Myer over an inflated profit forecast from former CEO Bernie Brookes has been dropped, after a court found the retail giant misled shareholders but that they suffered no harm.

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US plaintiffs firms set to pounce on Treasury Wine Estates

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Treasury Wine Estates is facing the threat of multiple shareholder class actions in the US over a January 2020 profit downgrade that is already  at the centre of two class actions filed in Australia.

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Vocus ruling cements return to class action book building by funders

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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

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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

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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

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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

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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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