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Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Competition & Consumer Protection 2018-11-19 11:51 pm By Christine Caulfield

Pacific National would not misuse its market power after taking control of an important rail terminal in Brisbane because that would be “irrational”, the Federal Court heard Monday at the start of a two-week trial in the competition watchdog’s case alleging the rail giant colluded with competitor Aurizon to become the dominant operator of key freight corridors.

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GetSwift ruling to offer roadmap for competing class actions
Appeals 2018-11-19 9:18 pm By Christine Caulfield

A groundbreaking judgment by the Full Federal Court over competing class actions will be handed down Tuesday morning and is expected to give judges much needed guidance on how to move forward when confronted, as they increasingly are, with multiple proceedings over the same alleged misconduct.

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High Court declines Rebel Wilson appeal in defamation case
Defamation 2018-11-16 4:14 pm By Cat Fredenburgh

Rebel Wilson has lost a bid to have the High Court reconsider an appeals court’s decision to slash her record $4.75 million award in a defamation case against Bauer Media to $600,000.

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Class members get nothing in $2.6M bushfire class action settlement
Class Actions 2018-11-13 3:08 pm By Cat Fredenburgh

A court has signed off on a $2.6 million settlement in a class action against Endeavour Energy and two other companies over the 2013 Mt Victoria bushfires that will leave class members empty-handed.

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Common fund order in CBA class action put on ice
Class Actions 2018-11-12 10:55 pm By Cat Fredenburgh

A judge has adjourned an application by law firm Slater & Gordon for a common fund order in a class action against the Commonwealth Bank and its wealth management unit, amid two landmark challenges to the courts’ powers to make such orders.

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Challenges to common fund orders to be heard together, Chief Justice says
Appeals 2018-11-08 9:53 pm By Christine Caulfield

Two far-reaching appeals challenging the court’s power to order all members of an open class action to pay a litigation funder will be heard together, and soon, the Federal Court’s top judge said Thursday.

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Funder’s cut, legal fees in $64M Banksia settlement rejected on appeal
Appeals 2018-11-01 4:51 pm By Cat Fredenburgh

An appeals court has rejected the funder’s commission and legal fees stemming from a $64 million settlement in litigation over the failure of Banksia Securities, but granted approval to the settlement.

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IP lawyers seek to intervene in software patent appeal
Intellectual Property 2018-10-29 9:38 pm By Cat Fredenburgh

A group representing patent and trade mark lawyers is seeking to intervene in a high-stakes appeal over computer software patents.

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Full Court to hear Trident Seafoods trade mark appeal
Intellectual Property 2018-10-25 10:28 pm By Cat Fredenburgh

US seafood giant Trident Seafoods has filed an appeal over a trade mark registration by Australian rival Trident Foods, which will be heard by the Full Federal Court.

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Scenic cruise passengers can’t claim damages for disappointment, appeals court says
Appeals 2018-10-25 10:19 pm By Cat Fredenburgh

Scenic Tours has won a major victory on appeal in a class action against a ruling that put it on the hook for claims that luxury European river cruise passengers were owed damages and compensation after they were forced to take the bus because of flood waters.

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