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ACCC takes Pacific National, Aurizon terminal deal challenge to High Court
Competition & Consumer Protection 2020-06-26 10:15 am By Christine Caulfield

The competition regulator wants the High Court to hear its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, saying the deal would entrench the rail freight carrier’s near monopoly on the east coast of Australia.

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‘An air of unreality’: Judge questions Treasury Wine’s breach claims against Maurice Blackburn
Class Actions 2020-06-24 8:05 pm By Miklos Bolza

A claim by Treasury Wine Estates that Maurice Blackburn — but no other law firm — is prohibited from bringing a shareholder class action over disclosure breaches related to its US business had an “air of unreality” about it, a judge has said.

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‘An immediate conflict of interest’: Appeals court tosses opt out notices in AMP class action
Appeals 2020-06-04 3:57 pm By Miklos Bolza

An appeals court has vacated orders sending opt out and registration notices to shareholders in a class action against AMP after a successful challenge by the lead plaintiff in a competing class action that was stayed after a high-profile litigation beauty parade last year.

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Fuchs appeals ruling for Quaker over patents used at BHP mine
Intellectual Property 2020-05-27 11:07 am By Christine Caulfield

Fuchs Lubricants is contesting a finding that it infringed patents owned by Quaker Chemicals in supplying hydraulic fluid to a BHP Billiton-owned mine.

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VW carve-out settlement may become more popular as class action scrutiny heats up
Analysis 2020-05-25 8:24 pm By Christine Caulfield

The settlement arrangement resolving five class actions against Volkswagen, which carved out hefty legal fees from the $120 million payout to drivers, could become more prevalent as the spotlight is once again trained on the cost of class actions. But the approach is not without controversy, experts say.

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‘Threat of a heavy sanction’: Shareholder slams opt-out notice in AMP class action
Appeals 2020-05-25 8:15 pm By Miklos Bolza

A proposed notice to eligible group members in Maurice Blackburn’s class action against AMP over its fees for no services scandal threatened to bar unregistered shareholders from any settlement stemming from mediation in the case, a threat barred by a recent ruling finding that courts have no power to close class actions to signed up group members, an appeals court has heard.

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Court suppresses details of Grosvenor, Vannin co-funding agreement
Competition & Consumer Protection 2020-05-18 4:16 pm By Miklos Bolza

A court has granted a request from Grosvenor Litigation Services, the funder that backed two class actions against Volkswagen over its emissions cheating scandal, to suppress the details of a co-funding agreement with Vannin Capital.

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ACCC can submit evidence from BlueScope criminal investigation in civil case
Competition & Consumer Protection 2020-05-15 11:25 pm By Alison Eveleigh

The ACCC has been given the green light to use witness statements prepared during its criminal cartel investigation of BlueScope Steel in the civil penalty proceedings launched by the regulator, but a fight with the steel giant over the admissibility of the evidence still looms.

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In a first, judge says High Court dealt CFOs a total knockout
Class Actions 2020-05-14 6:08 pm By Miklos Bolza

A judge has found that the High Court’s landmark ruling last year blocking common fund orders in the early stages of a class action also barred them from being made at the conclusion of a proceeding, departing from several recent rulings on common fund orders.

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Judge greenlights law firm’s $43M payday in VW class actions
Class Actions 2020-05-14 5:46 pm By Alison Eveleigh

After almost five years before the courts, a judge has approved an approximately $120 million settlement of five class actions against Volkswagen over the diesel emissions scandal, including a “very substantial” $43 million in fees and disbursements for one of the plaintiffs firms.

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