The unforgettable class action rulings of 2018

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Last year was an exciting one for class action lawyers, with monumental court decisions on competing cases, cross-jurisdictional spats, proportionality in settlements and the power of judges to decide how a recovery is distributed. Here, top class action litigators tell us what the most significant rulings of 2018 were and why the decisions will continue to matter this year.

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Theft of Hastie audit docs from Deloitte’s litigation room ‘troubling’, judge says

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In a situation a judge has called “extraordinary and troubling”, Deloitte’s files on failed construction company Hastie — sought as evidence by shareholders in a class action — have vanished from the accounting giant’s locked ‘litigation room’ and are now in the control of a single partner who refuses to return them.

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Ashley Services settles shareholder class action over $67M loss

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A multi-million dollar settlement has been reached in a shareholder class action against private training company Ashley Services over its $67 million tumble two years ago.

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ASIC mulls appeal of Westpac ‘personal advice’ ruling

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The Australian Securities and Investments Commission has not ruled out a challenge to a ruling that two Westpac subsidiaries didn’t provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Sanofi takes another stab at injunction in injector pen patent case

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French pharmaceutical giant Sanofi has appealed a judge’s ruling denying its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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Unilever’s case over Nivea deodorant stinks, judge finds

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Unilever’s allegations that consumer goods competitor Beiersdorf made misleading claims about its Nivea clinical strength deodorant products don’t pass the smell test, a judge has found.

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Casual worker test case to be heard by Full Court

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A case that challenges the test for determining casual employment under the Fair Work Act is a matter of public importance and will be heard by the Full Federal Court, the court’s top judge has said.

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MP Emma Husar can claim Buzzfeed article implied she’s a ‘slut’

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Online news publisher Buzzfeed will have to defend an allegation by Labor MP Emma Husar that an article it published implied she’s a “slut”, despite never actually using the word to describe the politician.

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ACCC takes action against Employsure for unconscionable conduct

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Employment relations company Employsure has been taken to court by the consumer watchdog for allegedly duping small businesses into signing long-term contracts after promising free workplace advice that appeared to be government affiliated.

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