Judge refuses to vacate trial in shareholder class action against Whitehaven Coal

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Trial in a five-year-old class action against Whitehaven Coal will proceed without further delay despite the plaintiff’s late bid to tender an expert report, with a judge finding no extraordinary reason to push off the hearing date any longer.

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Class action against Fogo Brasilia, law firm faces fight over security after funder pulls out

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A class action against restaurant chain Fogo Brasilia and its law firm alleging franchisees were misled about the profitability of their businesses could be shut down, with the lead plaintiff unable to pay security for costs after the funder pulled out, a court has heard.

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Ex-Demons chairman can re-file defamation case against senior club officials

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Former Melbourne Demons chairman Glen Bartlett has been given the green light to relaunch a defamation case against the AFL club’s president and other senior officials after discontinuing proceedings that were transferred from his home state of Western Australia to Victoria.

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Former ACCC employee was not forced to resign over grievances, FWC says

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The Fair Work Commission has rejected a former Australian Competition and Consumer Commission employee’s unfair dismissal case, finding his argument that he resigned after the regulator repudiated his contract “disingenuous”.

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Babcock & Brown liquidator wants to knock out fifth shareholder suit

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The liquidator of failed global financial services firm Babcock & Brown is seeking to permanently stay a shareholder suit it says is an abuse of process, nearly five years after three other cases against the liquidator were thrown out.

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NSW Supreme Court’s top judge goes on defensive as class action filings dry up

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The top judge of the NSW Supreme Court, which has seen a precipitous drop in class actions, has defended his court and taken shots at the Supreme Court of Victoria and the Federal Court for embracing contingency fees for class action lawyers.

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Isuzu taken to court in latest emissions cheating class action

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Isuzu is the latest car maker to be stung with a class action for allegedly using defeat devices to cheat on emissions tests, and many more car makers may find themselves in the crosshairs over the “common practice”.

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PR firm published ‘evil’ image to hurt United Petroleum in class action, suit claims

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The PR firm for a franchisee class action against United Petroleum has been sued for allegedly distributing an image to group members that depicted the petrol giant as “evil” and was allegedly intended to harm its position in the class action.

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Judges don’t have to give ‘running commentary’ on oral submissions, court says

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An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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