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What’s unjust about them? Full Court appears open to contingency fees for class action lawyers
Class Actions 2024-05-28 11:53 pm By Cindy Cameronne

Hearing arguments Tuesday on whether lawyers should be permitted to earn contingency fees in Federal Court class actions, judges on a Full Court bench appeared to lean in favour of allowing so-called solicitors’ common fund orders, rejecting claims they are “unjust”. 

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Seven resurrects ‘7NOW’ trade mark in latest fight with 7-Eleven
Intellectual Property 2024-05-27 11:33 pm By Cindy Cameronne

Seven Network has partially succeeded in appealing a decision that revoked its rights to the ‘7NOW’ trade mark for non-use, with the Full Court finding the broadcaster used the mark on its news promotion website.

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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons. 

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Hastie liquidators lose appeal bid in $63.5M case against Multiplex, others
Construction 2024-05-27 2:34 pm By Cindy Cameronne

The liquidators of collapsed engineering company Hastie Group have lost their bid to appeal a decision that knocked out half its $120 million case against Multiplex, Lendlease and numerous other builders.

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Toyota class action loses bid for emissions cheat source code
Class Actions 2024-05-24 10:59 pm By Cindy Cameronne

A class action against Toyota alleging it installed diesel defeat devices in several models of its vehicles has lost a bid to access source code for the cars’ emissions control systems, with a judge finding it was not relevant to any current fact in issue. 

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Brickworks forced to close doors in WA after ‘predatory pricing’ by rival BGC, court told
Competition & Consumer Protection 2024-05-24 10:56 pm By Cindy Cameronne

Australia’s largest brick manufacturer Brickworks has accused a rival founded by billionaire Len Buckeridge of substantially lessening competition in Western Australia through a 2021 acquisition and engaging in predatory pricing that caused it to shut its doors in the state.

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Class action against Qoin issuer flags tweaks to case after ASIC win
Cryptocurrency 2024-05-24 1:12 am By Cindy Cameronne

A class action against BPS Financial may abandon some claims after a judge found in a separate case brought by the Australian Securities and Investments Commission that the Qoin cryptocurrency issuer made false and misleading claims about its product.

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Medibank board engaged KWM, Deloitte for review after class action rumours, court told
Class Actions 2024-05-23 11:35 pm By Cindy Cameronne

The chair of the Medibank board has given evidence that he engaged King & Wood Mallesons to commission expert reviews in the wake of a cyberattack, including three reports by Deloitte, after hearing rumours of class action investigations in October 2022. 

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PwC faces negligence case over tax liability for $100M estate
Tax 2024-05-21 12:47 pm By Cindy Cameronne

PricewaterhouseCoopers is facing a lawsuit by the executor of a deceased estate alleging the accounting firm gave negligent advice and acted with a conflict of interest while advising on tax liabilities for the deceased’s $100 million in assets.

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AG tells High Court Judge Vasta not immune from false imprisonment claim
High Court 2024-05-21 11:25 pm By Cindy Cameronne

The attorney-general of South Australia wants to intervene in a High Court appeal of a ruling that put Judge Salvatore Vasta on the hook for a man’s false imprisonment, saying the judge was not entitled to immunity but that police and correctional officers were.

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