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Funder’s payout in AMP class action should be shaved by $2.6M, court told
Class Actions 2024-08-29 11:31 pm By Sam Matthews

A contradictor appointed to represent group members’ interests in relation to a $100 million settlement in a class action against AMP wants to shave $2.6 million off the funder’s cut, telling the court that deductions for ATE insurance and administrative fees should not be approved.

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Ruby Princess class action damages ‘far in excess’ of $4,000 award, Full Court told
Appeals 2024-08-28 11:32 pm By Sam Matthews

A class action against Carnival over a COVID-19 outbreak aboard its Ruby Princess cruise ship has told the Full Court the lead applicant is entitled to damages “far in excess” of the $4,000 awarded by the trial judge for distress and disappointment.

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Carnival says judge’s findings in Ruby Princess class action at odds with reasons
Class Actions 2024-08-27 11:13 pm By Sam Matthews

Cruise operator Carnival PLC has mounted a cross-appeal aimed at overturning a judge’s finding that it negligently failed to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship, telling the Full Court that the primary judge’s findings were not consistent with his reasons.

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BlueScope says it ‘went close to the line’, but did not breach cartel laws
Competition & Consumer Protection 2024-08-26 11:27 pm By Sam Matthews

BlueScope Steel is seeking to overturn a record $57.5 million penalty for engaging in attempted price-fixing with flat steel distributors, telling an appeals court that it was simply trying to make its competitors understand “it was in their interests to price differently”. 

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ASIC wins credit facility case against Kraken cryptocurrency exchange
Cryptocurrency 2024-08-23 11:03 pm By Sam Matthews

The corporate regulator has won its case against Bit Trade, the Australian provider of the Kraken crypto exchange, after a judge rejected the company’s argument that its product was not a credit facility. 

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CFMEU forcibly placed into administration
Employment 2024-08-23 11:03 pm By Sam Matthews

The federal government has taken control of the construction division of the CFMEU and all of its state branches, in an extraordinary move expected to see the replacement of almost 270 elected office bearers.

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‘Again and again’: Clive Palmer can’t relitigate challenge to ASIC examination, court told
White Collar 2024-08-22 11:31 pm By Sam Matthews

The CDPP has complained about being brought back to court “again and again” to deal with Clive Palmer’s complaints about a compulsory examination by ASIC, as the corporate regulator seeks to have his case challenging the lawfulness of the seven year-old examination thrown out as an abuse of process. 

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Westpac fights bid to ‘get around’ limitation defence in flex commissions class action
Class Actions 2024-08-21 11:11 pm By Sam Matthews

Banks targeted in long-running class actions over flexible commission schemes for car dealers are resisting the plaintiffs’ bid to amend their pleadings to “get around” the defence that certain claims are time-barred.

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High Court asked to clarify importance of disclosure in patent applications
Intellectual Property 2024-08-21 11:02 pm By Sam Matthews

The High Court has been asked to weigh in on whether the Federal Court’s prevailing approach to the disclosure requirements of the Patents Act “imposes too great a burden” on patent applicants.

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Fortescue denies IP head told Element Zero founder to delete documents
Intellectual Property 2024-08-20 11:21 pm By Sam Matthews

Fortescue has rejected Element Zero’s “implausible” claims that the start-up’s founder was instructed by the mining giant’s IP manager to access and delete certain documents after his resignation, as it defends allegations that search orders it won over the alleged misappropriation of its confidential information were based on weak evidence.

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