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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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‘Absurd and unworkable’: Lendlease pans ex-Greenwoods partner’s argument in tax dodge case
Employment 2023-05-22 9:16 pm By Cindy Cameronne

A sacked Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease has been criticised for claiming that whistleblower protections introduced in 2019 “wouldn’t make sense” if they did not apply retroactively.

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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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AMP hit with $24M penalty for ‘unconscionable’ practice of charging dead customers
Financial Services 2023-05-19 12:16 pm By Christine Caulfield

A judge has ordered two AMP units to pay a total of $24 million after finding the wealth manager acted unconscionably in charging insurance premiums and advice fees to deceased customers.

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Opal Tower class action funder’s appeal of cuts to commission falls flat
Class Actions 2023-05-12 11:13 pm By Cat Fredenburgh

An appeals court has shot down funder Augusta’s challenge to a decision that cut its commission in the Opal Tower class action, putting funders on notice that they will have to marshal compelling evidence to win approval for their returns from an increasingly watchful court.

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Google says competition class action claims ‘make no sense’
Class Actions 2023-05-12 9:14 pm By Sam Matthews

Google has denied class action that it distorted competition in the app marketplace and left consumers paying higher prices, pointing out in its defence there are alternative app stores on its Android platform.

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Katy Perry shorts could ‘fall between the cracks’, designer tells court
Intellectual Property 2023-05-10 2:11 pm By Cindy Cameronne

US singer Katy Perry and an Australian fashion designer are at loggerheads over court orders to be made following a judge’s finding the pop star was liable for trade mark infringement, with concerns raised that Perry’s ‘Teenage Dream’ shorts could “fall between the cracks”. 

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In class action defence, Apple says App Store commissions the price to pay for innovation
Competition & Consumer Protection 2023-05-05 3:16 pm By Sam Matthews

Apple has denied it engaged in anti-competitive conduct in operating its App Store in a class action brought over allegedly inflated commissions on certain apps and in-app purchases.

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Nuix class action to go ahead despite ASIC case
Class Actions 2023-05-02 3:58 pm By Sam Matthews

A shareholder class action against software company Nuix will go ahead as planned, after a stay application threatened to put the proceeding on ice pending the outcome of a separate case brought by ASIC.

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