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Funders’ cut won’t exceed 25% in Spotless class action
Class Actions 2018-11-27 3:45 pm By Christine Caulfield

The two funders paying for a shareholder class action against facility services company Spotless Group want 25 percent of any net settlement or judgment in the case, a rate that mirrors the commission approved in a common fund order now at the centre of a constitutional challenge.

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Elle publisher wins opposition to Aussie builder’s ‘Ella’ trade mark
Intellectual Property 2018-11-27 1:28 pm By Christine Caulfield

The Paris-based publisher of Elle Magazine has succeeded in a challenge to a trade mark application by an Australian building supplier for the name of its brand of bathroom fixtures, ‘Ella’.

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Mark Latham faces $100,000 bill after settling defamation case
Defamation 2018-11-26 9:35 pm By Christine Caulfield

Former MP Mark Latham has agreed to settle a defamation case brought against him by the political editor of pop culture site Junkee, and he could be on the hook for a $100,000 payout.

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Judge OKs cut to $30M Palm Island class action settlement for financial advice
Class Actions 2018-11-26 4:01 pm By Christine Caulfield

A judge has signed off on an application to set aside a portion of a $30 million settlement in a class action over the 2004 Palm Island riots for financial counselling for registered group members, saying the court had the power to make the landmark order.

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Leyonhjelm keeps up parliamentary privilege fight in Sarah Hanson-Young case
Defamation 2018-11-26 10:19 am By Christine Caulfield

Liberal Democrat senator David Leyonhjelm has made good on his threat to challenge a ruling that kept alive a defamation lawsuit brought by Greens senator Sarah Hanson-Young after he accused her of labelling all men rapists on the sidelines of a Senate debate.

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Law firm calls for scrutiny of short sellers in class actions
Class Actions 2018-11-23 2:50 pm By Christine Caulfield

A leading law firm has called for a closer look at the increasing involvement of short sellers in shareholder class actions, saying any review that flows from the current inquiry should examine whether short sellers should be allowed to join the legal proceedings.

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ACCC says OxoPak’s certification trade marks may mislead consumers
Environment 2018-11-22 2:49 pm By Christine Caulfield

The Australian Competition and Consumer Commission plans to reject an application for four certification trade marks by eco-friendly plastic packaging manufacturer OxoPak, saying Thursday the marks could mislead consumers about the environmental sustainability of the products.

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Telstra contractor faces ‘sham’ contracting class action by 4,000 technicians
Employment 2018-11-22 2:07 pm By Christine Caulfield

In what could be the largest employment class action ever brought, Telstra contractor Tandem Corp has been accused of unlawfully designating thousands of telecommunications technicians as independent contractors, avoiding overtime, leave and other benefits to the workers. The “sham” contracting class action, filed Wednesday by Shine Lawyers in the Federal Court, alleges Tandem, formerly ISG…

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What you need to know about the GetSwift ruling
Analysis 2018-11-21 11:55 pm By Christine Caulfield

The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.

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GetSwift judge had power to stay competing class actions, Full Court rules
Appeals 2018-11-20 11:21 am By Christine Caulfield

The Full Federal Court has dismissed a challenge to a ruling that chose one of three shareholder class actions to proceed against GetSwift, saying the court had the power to permanently stay competing cases. But an injunction blocking the losing law firms from communicating with clients was going too far, it said.

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