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Online traders win discovery in class action over risky CFDs
Class Actions 2023-05-24 5:16 pm By Sam Matthews

Online trading company CMC Markets has succeeded in accessing advice given to class action members who are seeking to recover 10 years’ worth of “significant” losses incurred while trading risky financial products on its mobile and web-based platforms.

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Healthcare REIT can’t add claims against Dexus in trust takeover spat
Real Estate 2023-05-23 5:45 pm By Sam Matthews

Real estate investment trust NorthWest can amend its pleadings in a lawsuit alleging one of the country’s largest unlisted healthcare property funds conspired to prevent it from acquiring a controlling stake, but has come up short in its bid to add to its claims against property giant Dexus.

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Judge tosses suit over $2M sale of cloud tech provider Experteq
Contracts 2023-05-23 9:32 pm By Sam Matthews

A judge has declined Expert Group’s bid to bring court proceedings about the amount of an earn-out owed under its agreement to sell cloud services provider Experteq IT Services, finding the firm had agreed to resolve the matter by expert determination.

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CSIRO mulls lawsuit over gut-friendly wheat patent
Intellectual Property 2023-05-23 10:35 pm By Sam Matthews

CSIRO has won its bid to access samples of a wheat grain product with increased fibre, as it contemplates a possible patent infringement lawsuit against a South Australian food company.

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High Court to weigh in on whether finger pointing allowed in arbitration
High Court 2023-05-22 1:20 pm By Sam Matthews

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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‘Looks like credit, acts like credit’: Government flags reforms to buy now, pay later industry
Fintech 2023-05-22 2:32 pm By Sam Matthews

Buy now, pay later services will soon be regulated as credit products under proposed changes to the law flagged by the federal government amid concerns about financial risks the service poses to consumers.

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Union test case alleges John Holland blocked silica dust testing efforts
Construction 2023-05-22 10:51 pm By Sam Matthews

The Australian Workers’ Union is targeting John Holland in a new test case alleging the construction giant prevented union officials from testing the levels of dangerous silica dust at its WestConnex tunnel project in Sydney.

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Legal Ethics 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Product Liability 2023-05-19 3:08 pm By Sam Matthews

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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Higgins’ speech in public interest, ABC says in Lehrmann defamation suit
Defamation 2023-05-19 2:50 pm By Sam Matthews

The ABC is relying on a new statutory public interest defence in a defamation case brought by accused rapist Bruce Lehrmann over its coverage of a National Press Club speech by his accuser, former Liberal staffer Brittany Higgins.

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