Estia Health seeks to strike out ‘defective’ class action pleadings

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Aged care provider Estia Health has launched a bid to strike out the pleadings in a Phi Finney McDonald-led shareholder class action, accusing the law firm of making “speculative allegations” in the hope of strengthening its case later on.

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Full Federal Court dismisses Linfox’s $45M fuel tax challenge as ‘too weak’

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The Full Federal Court has dismissed Linfox’s $45 million fuel tax credit appeal, finding the Australian logistics company’s argument was ‘too weak or uncertain’ to conclude that it was being over-taxed on major toll roads across the country.

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Judge joins twin actions against Forge directors and auditors

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A judge has consolidated two concurrent cases against the former directors and auditors of collapsed construction company Forge Group, after warning the overlapping actions needed to be carefully managed to avoid it becoming an “unrideable bull”.

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Chilled meals deal gets frosty reception from ACCC

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The competition regulator is opposing a deal to combine two of Australia’s largest manufacturers of chilled ready meals, and fired a warning shot to companies and administrators who fail to ensure the watchdog is notified of deals with close competitiors.

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Ashley & Martin’s hair loss treatment contracts unfair, judge finds

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Ashley & Martin signed up 25,000 customers to its hair loss program on contracts that put them on the hook for paying for treatment they didn’t receive, a judge has found.

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‘Affront to equality’: High Court trashes rule allowing self-repped lawyers to claim costs

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The High Court has done away with a rule that allowed self-represented lawyers to claim costs for legal proceedings, calling the exception an “affront to the fundamental value of equality of all persons before the law”.

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Landmark Uber class action should be thrown out, court told

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A class action alleging a conspiracy between ride-share giant Uber and related entities to launch a car service to take business from taxi drivers across Australia has no prospect of success and should be struck out, a lawyer for Uber told a court Wednesday.

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$29M Radio Rentals settlement clears hurdle after ex-CEO cries prejudice

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The $29 million settlement in the Radio Rentals ‘Rent, Try, $1 Buy’ class action is back on track after concerns by former CEO James Marshall about uncertainty in the deed of settlement were resolved.

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Ex-Norton Rose partner wins six-month delay of ‘ludicrous’ trial start date

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Norton Rose Fulbright will have to wait another six months before a long-running dispute with a former partner will be heard, after the ex-employee successfully argued it would be “ludicrous” for the trial to proceed.

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