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Full Court to weigh in on class closure in Boral class action
Class Actions 2021-12-03 3:50 pm By Miklos Bolza

The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.

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a2 Milk wins trade mark ruling after IP Australia left ‘legitimate uncertainty’
Intellectual Property 2021-12-03 5:08 pm By Miklos Bolza

A judge has allowed two a2 Milk trade marks to proceed to registration despite “legitimate uncertainty” created by IP Australia in a long-running intellectual property spat with competitor Lion Dairy & Drinks.

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ACCC trying to ‘fit a square peg into a round hole’ with bank cartel case, court hears
Competition & Consumer Protection 2021-12-03 4:59 pm By Cindy Cameronne

The ACCC has been accused of running a “experimental test case” that tries to fit the shares market within the scope of the Competition and Consumer Act with its criminal cartel case against Citigroup, Deutsche Bank and several prominent banking executives over a $2.5 billion ANZ share placement.

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Training college AIPE hit with record $153M penalty for ‘unconscionable’ enrolment system
Competition & Consumer Protection 2021-12-03 1:04 pm By Miklos Bolza

Collapsed NSW training company Australian Institute of Professional Education has been slugged with a $153 million penalty, the highest ever fine in a consumer law case, after the Federal Court found the school targeted vulnerable students through an “unconscionable” enrolment system.

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Judge denies ‘hostility’ towards COVID-19 vaccine mandate challengers
COVID-19 2021-12-03 5:14 pm By Bianca Hrovat

Victorian workers challenging the government’s health directions requiring workers to be vaccinated against COVID-19 have lost their second bid to disqualify the judge hearing the case on the ground of apprehended bias.

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NAB super class action won’t get decision on damages at initial trial
Financial Services 2021-12-03 9:43 pm By Cindy Cameronne

The applicant in a class action against NAB superannuation trustee NULIS has lost his bid to have a judge determine aggregate damages at an initial trial.

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Court tosses appeal of $1.96M judgment awarded to cryptocurrency trader
Appeals 2021-12-03 2:12 pm By Cindy Cameronne

An appeals court has thrown out a challenge to a judgment awarding a cryptocurrency trader $1.96 million in cash and a property purchased for $1.5 million over a deal with a convicted fraudster involving “millions of dollars of cash in bags and suitcases”.

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‘No prospects of success’: Judge tosses COVID-19 class action over Victoria’s botched hotel quarantine
Class Actions 2021-12-02 11:43 am By Bianca Hrovat

Two landmark class actions seeking damages from the Victorian government for economic losses suffered during last year’s second wave of COVID-19 have been thrown out, but one of the cases will be given a second chance to proceed.

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‘Don’t panic’: JPMorgan boss tried to allay bank exec’s fears over shortfall, court told
Competition & Consumer Protection 2021-12-02 9:52 pm By Cindy Cameronne

JPMorgan Australia chairman Rob Priestley told Citigroup and Deutsche Bank executives not to “panic” about picking up a shortfall in the sale of ANZ shares, a court has heard in the ACCC’s criminal cartel case over a $2.5 billion ANZ share placement.

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Judge makes first class action order giving law firm cut of proceeds
Class Actions 2021-12-02 10:24 am By Cindy Cameronne

Saying the funding arrangement would eliminate the possibility that legal costs ate up the majority of any return to group members, a judge overseeing a shareholder case against G8 Education has issued the first ever group costs order in a class action.

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