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Radio Rentals applicants fear prejudice if settlement talks break down
Class Actions 2019-08-22 3:45 pm By Amelia Birnie

The applicants in the Radio Rentals “Rent, Try $1 Buy” class action have flagged the potential for prejudice caused by the respondents’ late evidence, with concerns about their capacity to be ready by the looming trial date if ongoing settlement negotiations hit a dead-end.

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‘A degree of chaos’: Judge questions IAG common fund as High Court decision looms
Insurance 2019-08-16 8:48 pm By Miklos Bolza

A judge has questioned a common fund application in a class action against two IAG entities over allegedly worthless add-on insurance, saying there may be a “degree of chaos” if the order was approved only to be undone by a pending High Court decision.

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Samsung challenges $138M arbitration award in Roy Hill mine dispute
Arbitration 2019-08-15 9:28 pm By Miklos Bolza

South Korea’s Samsung C&T Corporation has launched two bids in Singapore to set aside a US$94 million (AU$138 million) award relating to its dispute with Spanish energy company Duro Felguera over the Pilbara-based Roy Hill iron ore mine.

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‘We’re not in the realm of snake oil’: AFT appeals Maxigesic judgment
Competition & Consumer Protection 2019-08-13 9:02 pm By Miklos Bolza

AFT Pharmaceuticals has challenged a Federal Court decision that found its Maxisegic ads were misleading and deceptive, saying the judge “set the bar too high” by requiring it to prove there was an adequate scientific foundation for its painkiller representations.

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Full Court docket stacked with class action appeals
Appeals 2019-08-08 10:54 pm By Christine Caulfield

The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.

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Spanish energy co sues to enforce $139M arbitration award over Roy Hill mine
Arbitration 2019-08-06 12:41 pm By Miklos Bolza

Spanish oil and gas company Duro Felguera has filed Federal Court proceedings to enforce a $139 million arbitration award related to the Pilbara-based Roy Hill mine, which is majority owned by Gina Rinehart’s Hancock Prospecting.

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ACCC challenges court’s dismissal of ‘flushable’ wipes case
Appeals 2019-07-29 4:31 pm By Miklos Bolza

The Australian Competition and Consumer Commission has appealed a Federal Court judgment tossing its consumer case against Kimberly-Clark over “flushable” wipes.

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Radio Rentals class action looking for admissions in AIG insurance claim docs
Class Actions 2019-07-24 1:16 pm By Miklos Bolza

The lead applicant in a class action against Radio Rentals wants access to correspondence relating to the appliance leasing company’s insurance coverage with AIG Australia, saying the documents might contain admissions relevant to its case over the company’s allegedly misleading ‘Rent, Try, $1 Buy’ program.

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Incentive-based funding commission dropped in IAG insurance class action
Class Actions 2019-06-28 12:48 pm By Amelia Birnie

The funder backing the IAG add-on insurance class action has agreed to a fixed 25 per cent commission, after the plaintiff copped criticism from a judge for the largely redacted funding agreement which called for lower rates if the case settled by a certain date.

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Hundreds of privileged advice docs accidentally disclosed in Radio Rentals class action
Class Actions 2019-06-21 6:59 pm By Amelia Birnie

Lawyers for Radio Rentals are trying to take back hundreds of potentially privileged documents in a consumer class action over the company’s ‘Rent, Try, $1 Buy’ program, after they were accidentally disclosed as a result of an IT redaction error.

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