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Judges’ schedules to be cleared as court expedites Johnson & Johnson pelvic mesh appeal
Appeals 2020-05-01 4:34 pm By Miklos Bolza

The top judge of the Federal Court plans to clear the schedules of three judges at the start of next year so they can hear and decide Johnson & Johnson’s challenge of a class action ruling that found its pelvic mesh devices were defective and awarded the lead applicants $2.6 million in damages.

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AMP class action should be put on ice until High Court ruling on beauty parade, court hears
Class Actions 2020-04-30 9:19 pm By Alison Eveleigh

Maurice Blackburn’s shareholder class action against AMP should be put on ice until the High Court decides whether a ruling in last year’s beauty parade awarding the firm carriage of the matter was decided in error, a court has heard.

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High Court takes up Westpac fight against ASIC personal advice case
Appeals 2020-04-27 4:54 pm By Miklos Bolza

The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers’ best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.

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Rejecting ‘highly experimental’ alternative, judge vacates Motorola, Hytera copyright trial
Intellectual Property 2020-04-27 4:30 pm By Cat Fredenburgh

A judge has vacated the next stage of an intellectual property fight between Motorola and Hytera Communications because of laws prohibiting witnesses located in China from giving unauthorised evidence via videolink, rejecting a “highly experimental procedural remedy” proposed by Motorola.

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Scenic Tours passengers can claim damages for disappointment, High Court rules
Class Actions 2020-04-24 11:14 pm By Christine Caulfield

Passengers on a European river cruise operated by Scenic Tours can claim damages for disappointment after they were forced to take buses for most of their luxury tour, the High Court has ruled.

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Landmark ruling nixing class closure orders likely to reach High Court
Analysis 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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High Court won’t hear appeal over ‘Diamond Joe’ Gutnick family’s $1 mining deal
Appeals 2020-04-22 2:45 pm By Cat Fredenburgh

The High Court will not hear a challenge to a ruling that found two companies previously run by Joseph “Diamond Joe” Gutnik and his family were insolvent.

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High Court may pick apart choice of Maurice Blackburn in AMP class action contest
Analysis 2020-04-21 11:00 pm By Christine Caulfield

The power of courts to choose a single winner from a contest of competing class actions is not the likely target of the High Court in taking up a challenge to last year’s beauty parade of shareholder proceedings against AMP, but the analysis behind the decision to award Maurice Blackburn the prize could face scrutiny, experts say.

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Uber Eats driver was not an employee, FWC confirms on appeal
Employment 2020-04-21 7:49 pm By Miklos Bolza

A Fair Work Commission appeals panel has upheld a ruling that an Uber Eats delivery driver allegedly let go for being 10 minutes late was not an employee and was therefore not protected by unfair dismissal laws.

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