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Foxtel should pay more than a gym to stream copyrighted recordings, court told
Intellectual Property 2018-08-15 10:06 pm By Miklos Bolza

A Copyright Tribunal decision that led to substantially lower sound recording licence fees for Foxtel was “beyond the pale” because it compared fees charged to the cable TV giant with those charged to fitness centres, the Full Federal Court heard Wednesday.

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AMP slams ‘red herring’ in class action transfer fight
Class Actions 2018-08-14 8:58 pm By Miklos Bolza

Embattled financial giant AMP on Tuesday criticised concerns raised by lawyers for the federal class actions about group members’ opt out rights, saying the concerns were a “red herring” in the fight against an order transferring their cases to the NSW Supreme Court.

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IOOF unit seeks to expand claims against insurance broker in Provident class action
Class Actions 2018-08-13 9:17 pm By Miklos Bolza

IOOF subsidiary Australian Executive Trustees wants to expand the cross-claim it filed against insurance broker Willis Australia in the class action over the collapse of Provident Capital, two weeks after AET agreed to fork over $44.25 million to settle the matter.

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Cargill can add details of law firm meeting to case against Viterra
Trials 2018-08-09 11:42 pm By Cat Fredenburgh

Cargill has won court approval to amend its pleading against Viterra to include details of a law firm meeting in which Viterra executives allegedly made assurances that there were no quality issues with its malt, more than two months into the trial over the $420 million sale of Viterra’s Joe White Maltings business to Cargill in 2013.

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S&P settlement approved despite ‘extraordinarily large’ funder fee
Class Actions 2018-08-09 9:34 pm By Miklos Bolza

A judge has given the green light to a settlement of seven class actions against ratings agency S&P Global over toxic financial products, saying despite an “extraordinarily large” litigation funding fee the deal was a “significant vindication” of group member claims.

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Fitch class action can probe rosy ratings of Sigma Finance
Class Actions 2018-08-08 10:50 pm By Miklos Bolza

The lead applicant in an investor class action against Fitch Ratings will get its hands on internal reports detailing why the agency assigned a Triple A rating to Sigma Finance Corporation ahead of its 2008 collapse, and whether it could have predicted the fall of the $27 billion investment fund. 

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Viterra wins Cargill sale docs after mid-trial revelation
Trials 2018-08-07 9:07 pm By Cat Fredenburgh

Cargill has been ordered to turn over what it describes as “highly confidential” documents related to the possible sale of its malt business, a new revelation in the complex trial over claims Viterra fraudulently concealed crucial information when it sold malt producer Joe White Maltings to Cargill Australia in 2013 for $420 million.

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GetSwift class action should be reheard by new judge, Full Court told
Class Actions 2018-08-06 9:03 pm By Miklos Bolza

The judge overseeing the GetSwift class action proceedings was bent on picking a winner from the outset and should be removed from the case for rehearing, a barrister for one of the losing law firms told the Full Federal Court Monday.

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BHP faces second class action as it seeks to shut down first filed
Class Actions 2018-08-03 9:43 pm By Christine Caulfield

BHP Billiton is facing the possibility of a second shareholder class action over the Fundao dam failure at its mine in Brazil, but the cases may be put on hold pending the outcome of homicide charges against company employees.

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Ultra Tune’s “elaborate ruse” diverted ACCC investigation, court hears
Competition & Consumer Protection 2018-08-02 8:10 pm By Miklos Bolza

Two ‘sham letters’ produced by a senior manager of national car repair franchise Ultra Tune led both the ACCC and the court ‘down the garden path,’ a Federal Court judge heard Thursday.

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