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Blue Sky privilege battle should be fought in class action, judge says
Class Actions 2021-09-09 4:26 pm By Cat Fredenburgh

A dispute over redactions in books and records produced by defunct fund manager Blue Sky to a prospective class action applicant should be hashed out within the class action, a judge has found.

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Class action members likely misled about cross-claims in BSA case, judge says
Class Actions 2021-09-09 11:41 pm By Christine Caulfield

A judge will allow workers in a sham contracting class action against technical services contractor BSA to rejoin the case after opting out, saying the company’s communications during the opt out period were capable of misleading “at least a significant proportion” of group members.

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ACCC signs off on BPAY, eftpos, New Payments Platform merger
Financial Services 2021-09-09 10:13 pm By Christine Caulfield

The ACCC has given the OK to the proposed merger of BPAY, eftpos and the New Payments Platform, saying competition between the three payment system companies was marginal and that “strong competitors” would remain after the union.

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AMP looks to shield chats with ex-DST director in poaching dispute
Financial Services 2021-09-09 6:24 pm By Cindy Cameronne

Software company DST Bluedoor is fighting to access communications between its former founding director and AMP in a $35.5 million legal stoush alleging the financial services firm induced 11 employees to jump ship after licensing its online platform.

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PwC client says ATO’s privilege case ‘nightmare to the rule of law’
Business of Law 2021-09-08 9:06 pm By Cindy Cameronne

Meat processing company and former PricewaterhouseCoopers client JBS has slammed as a “nightmare to the rule of law” a claim by the Commissioner of Taxation that the accounting giant’s internal protocols destroyed the company’s lawyer-client relationship.

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VW class action applicant slugged with indemnity costs
Class Actions 2021-09-08 2:14 pm By Miklos Bolza

The lead applicant in a class action against Volkswagen over defective Takata airbags has been hit with indemnity costs for his failed case after a NSW Supreme Court judge found that deficiencies in aspects of the case were “manifestly clear”.

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High Court finds media responsible for third-party Facebook comments
Defamation 2021-09-08 3:13 pm By Bianca Hrovat

The High Court has found that media outlets are responsible for the publication of defamatory third-party comments on news stories posted to their Facebook pages, upholding a landmark decision by the NSW Supreme Court.

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CBA unit faces penalty for misleading superannuation members
Financial Services 2021-09-08 2:25 pm By Miklos Bolza

Commonwealth Bank of Australia unit Colonial First State Investments is facing penalties after the Federal Court found it misled its customers about their rights and obligations relating to the MySuper reforms passed by the federal government in 2012.

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Allergan wins appeal in Botox trade mark battle
Intellectual Property 2021-09-08 5:19 pm By Miklos Bolza

Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.

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Ben Roberts-Smith wants to bring claim against ex-wife’s friend
Defamation 2021-09-08 4:11 pm By Cindy Cameronne

Accused war criminal Ben Roberts-Smith has filed an application to bring a claim against the close friend of his ex-wife in a case accusing his former spouse of unlawfully accessing his email account containing privileged communications with lawyers.

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