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Judges have the power to issue common fund orders, appeals courts rule
Class Actions 2019-03-01 8:59 pm By Miklos Bolza

Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.

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Explicit Snapchat pic sent to co-worker validates sacking, FWC finds
Employment 2019-02-28 3:35 pm By Miklos Bolza

Sydney Trains was justified in its dismissal of a train guard who claimed he sent an explicit Snapchat picture of his genitalia to a colleague in an “honest mistake,” the Fair Work Commission has found.

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Judge makes ‘irresistible’ order that Pitcher Partners pay $3.3M in costs over hidden error
Financial Services 2019-02-25 2:13 pm By Christine Caulfield

Pitcher Partners just found another reason to challenge a ruling that it owes $5.6 million in damages for concealing an accounting error from a client — a ruling that socks it with $3.3 million in legal costs for its “deceit”.

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Luxury Sydney retailer settles with Transport for NSW over light rail project
Construction 2019-02-22 9:38 pm By Miklos Bolza

Luxury boutique retailer Watches of Switzerland has reached a settlement in principle with Transport for NSW to resolve its case alleging damages resulting from Sydney’s light rail project, a court has heard.

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ASIC takes GetSwift to court over inadequate shareholder disclosures
Securities 2019-02-22 5:42 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has added to logistics provider GetSwift’s legal woes, filing a lawsuit over the company’s alleged failure to disclose material information to shareholders about contracts with clients such as Amazon and Yum! Brands.

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Draft expert reports fair game in $100M Gladstone Ports class action
Class Actions 2019-02-19 8:31 pm By Cat Fredenburgh

Gladstone Ports has won access to draft expert reports prepared by Clyde & Co in its $100 million class action against the Queensland government owned organisation, with a judge ruling the documents were not privileged despite their not being used in the case.

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ACCC cuts collusion claims as trial against Pacific National, Aurizon comes to an end
Competition & Consumer Protection 2019-02-15 11:45 pm By Christine Caulfield

The Australian Competition and Consumer Commission has dropped its claims of collusion against rail freight companies Pacific National and Aurizon, as the trial in its competition case wraps up this week.

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Wavetrain wants court muzzle on competitor’s bad-mouthing over IP
Intellectual Property 2019-02-11 6:58 pm By Miklos Bolza

Railway technology company Wavetrain Systems has asked the court to bar a competitor started by its former CEO from making allegedly false claims about its patented rail safety devices to clients.

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Acciona mulls settlement with NSW Government in light rail dispute
Construction 2019-02-08 12:29 pm By Miklos Bolza

Acciona Infrastructure and Transport for NSW are currently in settlement talks over a $1.2 billion dispute around the NSW government’s ongoing light rail project in Sydney.

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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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