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Class closure question expected to go up to High Court
More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.
‘Whole world of pain’ for solicitors if ex-ANZ trader won privilege spat, judge says
A judge has said if he sides with a former ANZ trader in a privilege dispute with the bank over file notes from 2014 meetings over ASIC's bank bill swap rate investigations it would create a "whole world of pain" for solicitors claiming privilege over their notes in other cases.
Romeo’s to pay $1.55M to employees in class action settlement
Romeo's will pay $1.55 million to registered group members as part of a settlement of two class actions alleging the supermarket chain underpaid staff.
Lendlease loses bid for separate hearing in Acciona dispute over $160M deal
A judge has ruled he will not consider a separate question on whether Acciona is barred from setting off any damages payable to Lendlease in a lawsuit over the $160 million sale of its engineering business.
Boart Longyear hit with patent lawsuit over drilling tool
US-based mineral exploration company Boart Longyear has been hit with a lawsuit alleging its core orientation drilling products infringe a patent owned by Australian Mud Company.
Judge slugs Oxymed with $3M penalty for pushing ‘pseudo-scientific’ therapy
An alternative therapies clinic in Victoria has been hit with $3 million in penalties for allegedly promoting “pseudo-scientific” treatments to vulnerable people with chronic illnesses in posts on social media and its website.
Full Court to weigh in on class closure in Boral class action
The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.
a2 Milk wins trade mark ruling after IP Australia left ‘legitimate uncertainty’
A judge has allowed two a2 Milk trade marks to proceed to registration despite "legitimate uncertainty" created by IP Australia in a long-running intellectual property spat with competitor Lion Dairy & Drinks.
ACCC trying to ‘fit a square peg into a round hole’ with bank cartel case, court hears
The ACCC has been accused of running a "experimental test case" that tries to fit the shares market within the scope of the Competition and Consumer Act with its criminal cartel case against Citigroup, Deutsche Bank and several prominent banking executives over a $2.5 billion ANZ share placement.
Fair Work Commission finds BHP vaccine mandate unlawful
A full bench of the Fair Work Commission has struck down a BHP requirement that all workers at its Mt Arthur coal mine in NSW be vaccinated against COVID-19, finding the mandate was unreasonable and unlawful for lack of consultation.