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Lendlease class actions set down for beauty parade, but applicants in talks to avoid contest
Class Actions 2019-08-22 8:36 pm By Miklos Bolza

Two competing shareholder class actions against developer Lendlease have been locked in for a beauty parade before the judge who recently forced the consolidation of three class actions against engineering firm RCR Tomlinson.

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Full Federal Court may weigh validity of NAB ‘junk’ insurance class action
Class Actions 2019-08-22 8:17 pm By Amelia Birnie

A class action against National Australia Bank over allegedly worthless consumer credit insurance could be referred to the Full Federal Court just three months out from trial, amid concerns that the class action was not validly commenced.

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Radio Rentals applicants fear prejudice if settlement talks break down
Class Actions 2019-08-22 3:45 pm By Amelia Birnie

The applicants in the Radio Rentals “Rent, Try $1 Buy” class action have flagged the potential for prejudice caused by the respondents’ late evidence, with concerns about their capacity to be ready by the looming trial date if ongoing settlement negotiations hit a dead-end.

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Workers win landmark personal leave challenge against Cadbury maker Mondelez
Employment 2019-08-21 10:14 pm By Cat Fredenburgh

In a majority ruling that will have significant ramifications for how companies calculate employees’ personal leave days, the Full Federal Court has found that the method used by food manufacturer Mondelez in granting the entitlement for its Tasmanian shift workers left them worse off than under the Fair Work Act.

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Pfizer may seek stay of Merck vaccine patent case
Intellectual Property 2019-08-21 3:53 pm By Miklos Bolza

Global pharmaceutical firm Pfizer is mulling an application to stay a lawsuit by Merck Sharp & Dohme seeking to invalidate a patent related to the blockbuster Prevnar 13 vaccine as it awaits the outcome of similar proceedings in the US.

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Grocon wins right to appeal $13.9M judgment in Dexus lease dispute
Real Estate 2019-08-21 2:34 pm By Amelia Birnie

Grocon has won the right to appeal a $13.9 million interlocutory judgment in an ongoing lease dispute with property management firm Dexus, amid concerns that the construction company would be deemed insolvent if it was forced to pay the interim demand notice.

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‘This is why I hate categories of discovery’: Judge won’t let ASIC have another year of GetSwift docs
Class Actions 2019-08-20 9:43 pm By Amelia Birnie

The judge overseeing proceedings brought against logistics company GetSwift has refused the corporate regulator’s request for another year’s worth of documents, saying it could effectively require the company to start the discovery process over again.

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ABC on ‘fishing expedition’ for documents in AFP raid case, judge says
Media 2019-08-20 9:00 pm By Miklos Bolza

The Australian Broadcasting Corporation has lost a bid for the documents behind an Australian Federal Police warrant to search its headquarters, with a Federal Court judge criticising the media organisation for embarking on a “fishing expedition”.

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Original lawyers in BankSA class action want bigger stake of multi-million dollar settlement
Class Actions 2019-08-20 8:46 pm By Amelia Birnie

The original solicitors who stepped down from leading a class action against Westpac unit BankSA amid abuse of process allegations will bring separate proceedings in the Federal Court seeking a bigger slice of the multi-million dollar settlement sum to cover their costs.

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Senior partner denies deliberate delay in trial over rejected $4.45M Westpac settlement
Legal Ethics 2019-08-20 8:45 pm By Miklos Bolza

A senior partner at a Sydney-based law firm has denied he made a “deliberate decision” to withhold advice from a former client suing for alleged breach of duties and conflict of interest over a rejected $4.45 million settlement in an employment dispute with Westpac.

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