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‘I have been ignored’: Claimant makes courtroom plea in AMP insurance churn case
Financial Services 2020-03-03 4:59 pm By Miklos Bolza

An individual claimant accusing AMP Financial Planning of ignoring multiple attempts to gain remediation for alleged insurance re-writing conduct was granted permission to voice his displeasure in court, while ASIC and AMP grapple with the details of a remediation program for insurance churn victims.

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‘An inexact science’: Geowash execs can’t void Thomson Geer costs agreement
Competition & Consumer Protection 2020-03-03 4:48 pm By Cat Fredenburgh

Two executives of car wash franchisor Geowash that were found to be knowingly involved in the company’s unconscionable conduct in its dealings with franchisees have lost their bid to void a costs agreement with law firm Thomson Geer, with a judge calling legal cost estimations “an inexact science”.

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Clive Palmer’s company takes another shot at shutting down class action
Appeals 2020-03-03 12:07 pm By Cat Fredenburgh

A company owned by Clive Palmer is appealing a ruling that denied its bid to temporarily block funding for a class action over the troubled Coolum Palmer Resort.

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Judge questions need for confidentiality in toxic foam class action settlement
Class Actions 2020-03-02 10:24 pm By Alison Eveleigh

The Federal Court judge overseeing three class actions against the Commonwealth of Australia over allegedly toxic firefighting foam has questioned the terms of the in-principle settlement reached last week, including whether the settlement amount should remain confidential. 

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ACCC says court must shut down Garuda appeal for ‘deliberate and willful’ $19M fine dodge
Competition & Consumer Protection 2020-03-02 10:07 pm By Miklos Bolza

The ACCC has asked for an interim stay of an appeal by Indonesian airline Garuda, which has yet to pay a $19 million penalty for airline price fixing, telling the court it wanted to give the company another chance to explain its “entirely exceptional” non-compliance.

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Otsuka, Bristol-Myers can withdraw admissions in Abilify damages case
Intellectual Property 2020-03-02 4:05 pm By Cat Fredenburgh

A judge has granted a request by Otsuka and Bristol-Myers Squibbs to withdraw admissions in proceedings brought by Generic Health seeking damages, after the generic drug maker was temporarily blocked from selling a generic version of antipsychotic Abilify in a patent dispute in which it ultimately triumphed.

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Judge shoots down Advanta Seeds’ bid for names of signed class action members
Class Actions 2020-03-02 12:55 pm By Cat Fredenburgh

Farmers in a class action against Advanta Seeds over allegedly contaminated sorghum have defeated a bid by the company to hand over a list of all group members who have signed funding agreements to join the case.

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BP worker fired over Hitler parody video to be reinstated after win on appeal
Employment 2020-02-28 4:50 pm By Miklos Bolza

A refinery worker sacked by BP over a parody Hitler video has won his job back after a Fair Work Commission appeals panel overturned a prior decision upholding his dismissal, finding that the clip he shared was not offensive or inappropriate.

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ANZ and Westpac hit with junk insurance class actions
Class Actions 2020-02-28 1:08 pm By Miklos Bolza

Slater and Gordon has expanded its Get Your Insurance Back campaign, launching class actions against ANZ and Westpac over allegedly worthless consumer credit insurance, just three months after it reached a $49.5 million settlement with NAB in a class action over similar insurance.

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‘I never liked common fund orders anyway’: Judge gives thumbs up to High Court ruling
Class Actions 2020-02-28 12:53 pm By Miklos Bolza

A  judge overseeing a shareholder class action against collapsed engineering group RCR Tomlinson has said goodbye to the common fund order in the case while welcoming last year’s High Court decision preventing these orders from being made at the early stage in class actions.

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