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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Analysis 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Judge ‘defies anyone’ to understand confusing Surfstitch opt out notice
Class Actions 2019-10-25 10:34 am By Miklos Bolza

A judge has ordered the legal teams behind two settled Surfstitch class actions to have another crack at the opt out notice, saying the current version is “just too confusing” for group members.

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Kmart pockets win over streetwear company in cargo pants IP dispute
Intellectual Property 2019-10-16 10:39 pm By Cat Fredenburgh

Kmart has defeated claims by a streetwear company that the retail giant infringed the copyright for its cargo pants and shorts designs.

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Dick Smith cases to be heard together, after insurance class action plaintiffs drop discontinuance bid
Class Actions 2019-10-15 11:20 pm By Amelia Birnie

A judge has ordered all proceedings against Dick Smith to be heard concurrently during a marathon three month trial, after the plaintiffs in a shareholder class action brought against the failed electronics retailer’s insurers aborted a fleeting bid to temporarily discontinue their case.

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Surfstitch agrees to settle shareholder class actions, again
Class Actions 2019-10-15 3:40 pm By Cat Fredenburgh

Online fashion retailer Surfstitch has reached an in-principle settlement in two shareholder class actions, about nine months after an initial agreement to resolve the dispute derailed.

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Target, Big W admit breaking the law in dealings with customers, ACCC says
Competition & Consumer Protection 2019-10-15 1:41 pm By Christine Caulfield

Retailers Target and Big W have admitted they breached the consumer laws and potentially misled customers complaining about faulty Sony PlayStations and Dyson appliances, the ACCC said Tuesday.

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Sydney Metro loses bid for Tiffany & Co chats in dispute over flagship store
Real Estate 2019-10-15 10:52 am By Miklos Bolza

High-end jewellery retailer Tiffany & Co has won its bid to block Sydney Metro from accessing privileged documents in a dispute over the compulsory acquisition of its store in Sydney’s Martin Place for the $2.7 billion Sydney Metro rail project.

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Ex-Dick Smith directors seek damages against Deloitte over $520M float
Class Actions 2019-10-11 4:43 pm By Miklos Bolza

Two former Dick Smith directors targeted by dual class actions have expanded their case against Deloitte over the retailer’s 2016 collapse, saying if the company was found liable for shareholder losses then the auditor should be blamed for its shoddy work on the company’s financial statements during its float three years earlier.

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Market-based causation on the line as first shareholder class action judgment looms
Securities 2019-10-09 11:16 pm By Christine Caulfield

The judge who presided over a rare securities class action trial last year against department store Myer will deliver judgment in the case this month that could be the first ruling on causation in Australian shareholder class actions and has the potential to have a chilling effect on law firms bringing the cases.

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Dick Smith insurer class action plaintiffs want their own hearing
Class Actions 2019-10-04 7:37 pm By Amelia Birnie

The plaintiffs in an investor class action filed against Dick Smith’s insurers want a separate hearing from four other representative and company proceedings against the failed electronics retailer, arguing there would be only the “thinnest basis” for concurrent proceedings if their strike out application was successful.

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