Surfstitch class action lawyers’ conduct not ‘egregious’, but payout should be capped, judge says

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A judge has signed off on a settlement in two shareholder class actions against clothing retailer Surfstitch, but has capped the legal costs and commissions sought by the litigation funders after finding the law firms behind the cases sent out notices to group members that were “misleading” and “understated” the risks of joining the class.

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‘Significant shortfall’: Recovery unlikely for investors of accused fraudster Melissa Caddick

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Creditors of the company run by missing Sydney businesswoman Melissa Caddick are unlikely to recoup their investments, with a court hearing the accused fraudster has just $5,600 in her bank accounts.

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Banks will try to quash ‘incomprehensible’ indictment in ANZ cartel case

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Global investment banks and executives accused of engaging in criminal cartel conduct in relation to a $2.5 billion ANZ share placement in 2015 will seek to quash the “incomprehensible” indictment filed against them, claiming it is full of “fallacies”.

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Judge who called expert conclave a ‘car crash’ won’t recuse herself

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A judge has refused to disqualify herself from hearing a complex medical negligence lawsuit after she described an expert conclave as a “car crash”, citing concerns over a psychiatrist giving opinions about liability in a surgical setting.

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Judge says tweaking class closure order requires analysis of power, won’t go there

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A judge has refused to extend the date by which Coles workers can register to join an employment class action against the supermarket giant as part of a class closure order, saying the amendment would force a hearing on his power to make the order.

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‘Novel and invasive’: Clive Palmer can’t get law firm docs for Queensland Nickel case

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Two Clive Palmer companies have again been blocked from accessing documents held by two law firms and a litigation funder to pursue a potential lawsuit against Queensland Nickel, with an appeal court dismissing the bid as “unmeritorious”.

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Hewlett-Packard loses appeal over sales commissions it capped ‘at whim’

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IT giant Hewlett-Packard Australia has lost its appeal of a judgment requiring it to cough up $370,000 in unpaid commissions to a former sales executive after a court found the company was not entitled to retrospectively cap her incentive payments ‘at whim’.

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‘If it seems creepy, it probably is’: Ex-High Court judge speaks out against sexual harassment

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Former High Court Justice Kenneth Hayne has called out the “continuing and pervasive” issue of sexual harassment in the legal profession, urging senior lawyers to stop abusing their power. 

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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid

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A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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