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Airservices judge OKs common fund despite Westpac’s Money Max appeal
Class Actions 2018-10-12 11:23 pm By Cat Fredenburgh

A federal judge has signed off on a funding agreement in an employment class action against Airservices, even as he acknowledged a pending challenge to a landmark ruling that established the right of the court to make a common fund order.

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Westpac appeals funding order in life insurance class action
Class Actions 2018-10-11 10:42 pm By Christine Caulfield

Westpac is challenging a judge’s order that gives the funder backing a class action over life insurance premiums a 25 percent cut of any recovery.

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Funeral insurer loses High Court appeal over profits from use of rival’s secrets
Employment 2018-10-10 11:35 pm By Cat Fredenburgh

The High Court of Australia has rejected an appeal of a ruling that found a funeral insurer was liable for the use of a rival’s confidential information by employees and instead granted a cross-appeal that more than doubled the rival’s award of profits.

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In pro bono win for Norton Rose, High Court stubs out man’s marijuana conviction
Appeals 2018-10-10 9:58 pm By Miklos Bolza

The High Court has granted an appeal to a Norton Rose Fulbright-represented man who claimed more than 900g of marijuana found at his house was for personal use, repealing his conviction for drug possession after new evidence emerged that may have changed the course of his trial in 2013.

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Viterra must pay Cargill’s costs for ‘pointless’ High Court appeal
Appeals 2018-10-09 4:23 pm By Cat Fredenburgh

Viterra has been hit with costs for persisting with a special leave application to the High Court seeking to compel Cargill to turn over emails exchanged with its lawyers at Allens during the sale of its Joe White Maltings business, even after Cargill agreed to waive privilege and produced the documents.

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Native title challenge to Adani’s Carmichael mine not over
Appeals 2018-09-13 1:20 pm By Christine Caulfield

A native title challenge to Adani Mining’s controversial $16 billion development of the Carmichael coal mine in Queensland has been revived, with a group of Indigenous Australians appealing a ruling that tossed their case.

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Mortgage firm can’t shut down derivative suit over Macquarie Bank sale
Appeals 2018-09-11 5:49 pm By Christine Caulfield

Mortgage aggregator Connective Group has lost an appeal of a ruling that gave the greenlight to a shareholder’s derivative lawsuit against company directors and Macquarie Bank over the sale of 25 percent of the business to the bank.

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Banksia class action funder avoids extra costs despite ‘ulterior motive’
Class Actions 2018-09-07 10:42 pm By Christine Caulfield

The litigation funder that unsuccessfully sought to block a shareholder from opposing a $64 million class action settlement over the collapse of Banksia Securities is not on the hook for indemnity costs despite bringing the injunction with an ulterior motive.

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Deloitte fights order denying privilege in Hastie class action
Appeals 2018-08-31 2:13 pm By Cat Fredenburgh

Auditing firm Deloitte Touche Tohmatsu wants to challenge a ruling that forces some of its partners to hand over evidence to  shareholders in a class action over accounting work for collapsed engineering company Hastie Group.

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High Court to hear ASIC appeal in outback book-up case
Appeals 2018-08-20 11:25 am By Christine Caulfield

The corporate watchdog has won special leave to appeal to the High Court a ruling that found a general store owner in outback South Australia who sold cars by “book up” had not acted unconscionably.

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