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No evidence that rapist line uttered, Sarah Hanson-Young tells court
Defamation 2019-02-12 8:36 pm By Miklos Bolza

Greens Senator Sarah Hanson-Young has slammed Liberal Democrat Senator David Leyonhjelm’s attempt to stay her defamation case against him without providing evidence that the alleged misandrist comments at the heart of the proceedings were spoken in Parliament.

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Spotless challenges redundancy payment ruling
Employment 2019-02-12 1:58 pm By Cat Fredenburgh

Spotless Services is challenging a ruling that it owes redundancy to three workers employed at the Perth International Airport that were on fixed contracts.

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AFT not ready to take its medicine for ‘misleading’ Maxigesic ads
Appeals 2019-02-08 10:54 pm By Cat Fredenburgh

AFT Pharmaceuticals has launched a partial challenge to a court ruling that its Maxigesic ads made a number of misleading claims, including thatĀ the drug provides stronger and more effective relief than ReckittĀ Benckiser’s Nuromol.

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‘Likely’ GetSwift class action settlement should not be delayed by High Court appeal, judge says
Class Actions 2019-02-07 9:36 pm By Christine Caulfield

A judge won’t defer the opt-out notice in a shareholder class action against GetSwift pending the High Court’s decision on a special leave application to revive a competing class action, saying the sooner the case settles the better.

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ASIC challenge to Westpac personal advice ruling likely
Financial Services 2019-02-07 11:16 am By Miklos Bolza

The Australian Securities and Investments Commission will likely appeal a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Appeals 2019-02-05 10:50 pm By Miklos Bolza

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Appeals 2019-02-04 8:39 pm By Miklos Bolza

An appeal before a historic joint sitting of two courts overĀ so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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Deloitte continues fight to keep Hastie files secret after claiming partner made off with them
Class Actions 2019-02-04 7:56 pm By Christine Caulfield

Deloitte is challenging a judge’s ruling that certain partners not be excused from an order to produce files of the accounting giant’s audit work for Hastie Group to shareholders in a class action over the construction company’s collapse, its latest move after a failed attempt to persuade the judge that a rogue partner had taken the only copies of the files and refused to give them back.

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Boutique firm Phi Finney McDonald ’eminently qualified’ to run BHP class action, experts say
Analysis 2019-02-01 11:19 pm By Christine Caulfield

Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge’s ruling to choose the “less experienced” firm to lead a shareholder class action against BHP Billiton.

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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Analysis 2019-02-01 11:16 pm By Christine Caulfield

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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