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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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Reckitt to seek relief from Nurofen judgment before Full Court
Appeals 2018-08-17 11:45 pm By Cat Fredenburgh

Reckitt Benckiser will try to convince the Full Federal Court on Monday that a judge got it wrong when he found it misled consumers with claims that Nurofen is a more effective pain killer than rival GlaxoSmithKline’s Panadol.

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ACCC hopes laundry cartel case will wash with Full Court
Appeals 2018-08-16 11:44 pm By Cat Fredenburgh

The Full Federal Court will hear arguments next week in an appeal by the ACCC over an alleged laundry detergent cartel, the first so-called hub and spoke case brought by the competition regulator.

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Inghams’ failures did not cause worker’s car park assault, court says
Employment 2018-08-15 11:43 pm By Christine Caulfield

Chicken processor Inghams has won an appeal of a ruling that put it on the hook for the late-night assault of a shift worker in the car park of the company’s poultry plant in Murarrie, Queensland.

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Full Court questions restraint against class action lawyers
Class Actions 2018-08-07 10:21 pm By Miklos Bolza

The Full Federal Court expressed doubts Tuesday about an “unusual” and “heavy handed” order restraining lawyers leading the stayed class actions against GetSwift from advising their clients about whether to opt out of the prevailing action.

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DQ’d exec appeals ruling that Gadens email was proper service
Securities 2018-08-07 12:53 pm By Cat Fredenburgh

A Perth businessman has filed an appeal of a judge’s ruling that an email forwarded by a Gadens lawyer from ASIC alerting him that he had been disqualified from serving as a director constituted proper notification.

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Aristocrat fights ruling dismissing its patents as ‘game rules’
Intellectual Property 2018-07-31 10:41 am By Cat Fredenburgh

Aristocrat Technologies is pushing on with its bid for four innovation gaming patents, after a delegate for IP Australia revoked the patents because they amounted to nothing more than ‘games and game rules’.

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No holds barred in GetSwift class action challenge
Appeals 2018-07-27 11:58 pm By Christine Caulfield

The naming of Squire Patton Boggs as a concurrent wrongdoer in GetSwift’s defence puts the law firm in an “impossible position of conflict of interest” if it wins a challenge to an order staying its class action against the company, the Full Federal Court has been told ahead of a highly anticipated appeal hearing that promises to pull no punches.

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