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Judge says High Court did not rule out common fund orders at settlement
Class Actions 2019-12-06 1:58 pm By Christine Caulfield

The High Court’s ruling Wednesday that judges have no power to issue a common fund order in the initial phases of a class action does not bind them after a settlement has been reached, a Federal Court judge said Friday.

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Engineer blamed for design defects in Opal Tower class action
Class Actions 2019-12-05 10:55 pm By Cat Fredenburgh

The construction company behind Sydney’s Opal Tower has filed a cross claim seeking $30 million from structural architect WSP Structures over its allegedly faulty building design.

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JPMorgan witnesses grilled as banks seek to poke holes in ANZ cartel case
Competition & Consumer Protection 2019-12-05 9:21 pm By Miklos Bolza

Two key witnesses from JPMorgan have been grilled by lawyers for three major investments banks named in a high-stakes criminal cartel case as the banks seek to cast doubt on how the ACCC gathered evidence during its almost two-year cartel investigation.

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Israel Folau settles dispute with Rugby Australia over dismissal 
Employment 2019-12-04 10:07 pm By

Former Wallabies fullback Israel Folau has settled his lawsuit against Rugby Australia and NSW Rugby alleging his $5.7 million contract was unfairly terminated over homophobic social media posts.

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AMP group exec says bullying claims by former GC were news to her
Employment 2019-12-04 5:24 pm By Miklos Bolza

AMP’s group executive says she was never told of bullying claims made against her by former general counsel Larissa Cook until the lawyer filed a $2.7 million lawsuit alleging “hostile, aggressive and intimidating behaviour” in response to complaints she made about AMP’s fees for no service conduct.

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Judge allows hindsight evidence in lawsuit over Metal Storm’s collapse
Restructuring & Insolvency 2019-12-04 3:09 pm By Miklos Bolza

A US institutional investor can use hindsight evidence in its breach of contract case against a former ANZ Bank trustee over the winding up of failed defence tech firm Metal Storm.

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Clive Palmer ‘didn’t like the price’ of Twisted Sister licence, court hears
Intellectual Property 2019-12-04 1:58 pm By Miklos Bolza

Billionaire and former politician Clive Palmer knew he needed a licence to use Twisted Sister’s hit song ‘We’re Not Gonna Take It’ but went ahead and used the song anyway in his political campaign ads because he “didn’t like the price,” the Federal Court has heard.

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Common fund orders in class actions dealt fatal blow by High Court
Class Actions 2019-12-04 10:12 am By Christine Caulfield

Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.

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Arrium liquidators to keep up fight with shareholders over questioning of ex-director
Restructuring & Insolvency 2019-12-03 10:31 pm By Cat Fredenburgh

Liquidators of collapsed steel and mining company Arrium will challenge a ruling that gave shareholders the greenlight to question a former director to mount a possible class action, and have secured a limited stay of the judgment to lodge a notice of appeal.

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Judge looks out for pensioners as NAB ‘junk’ insurance class action settlement approval delayed
Class Actions 2019-12-03 2:37 pm By Miklos Bolza

A judge on Tuesday questioned how elderly group members struggling with the digital age can register in a ‘junk’ insurance class action against National Australia Bank, amid the postponement of hearing to approve the $49.5 million settlement reached in the case.

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