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McMillan Shakespeare unit hit with class action over car warranties
Baker McKenzie 2018-09-06 10:15 pm By Christine Caulfield

A subsidiary of car leasing company McMillan Shakespeare faces a class action over vehicle warranties that gave the company “complete and unfettered” discretion to reject claims by customers.

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Codeine patents involve natural parts that can’t be patented, court told
Intellectual Property 2018-09-06 3:12 pm By Cat Fredenburgh

TPI Enterprises has gone on the offensive in a patent lawsuit initiated by rival poppy processor Tasmanian Alkaloids, saying the patents at the centre of the suit describe natural parts that can’t be patented.

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AMP wins bid to move class actions to state court
Class Actions 2018-08-29 2:24 pm By Christine Caulfield

AMP has prevailed in a hard-fought fight over where it will defend five shareholder class actions brought in the wake of the Banking Royal Commission, in a precedent-setting judgement that provides a road map for future jurisdictional battles over competing class actions.

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ACCC tried to ‘micro-manage’ Pacific with injunction, judge says
Competition & Consumer Protection 2018-08-15 11:29 pm By Cat Fredenburgh

The judge overseeing the competition lawsuit brought by the ACCC over Aurizon’s proposed sale of its Queensland intermodal business to Pacific National has denied the regulator’s bid for an injunction against Pacific, saying it amounted to micro-managing that could discourage “normal competitive behaviour”.

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AMP slams ‘red herring’ in class action transfer fight
Class Actions 2018-08-14 8:58 pm By Miklos Bolza

Embattled financial giant AMP on Tuesday criticised concerns raised by lawyers for the federal class actions about group members’ opt out rights, saying the concerns were a “red herring” in the fight against an order transferring their cases to the NSW Supreme Court.

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ACCC wins injunction against Aurizon
Competition & Consumer Protection 2018-08-13 3:31 pm By Cat Fredenburgh

The ACCC has won its request for an injunction blocking rail freight operator Aurizon from shutting its intermodal business down while a competition lawsuit the regulator filed over Aurizon’s proposed sale of the business to Pacific National makes its way through the court.

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Ex-Murray Goulburn CFO settles with ACCC over farmgate prices
Competition & Consumer Protection 2018-08-13 11:23 am By Christine Caulfield

Murray Goulburn’s ex-CFO Bradley Hingle has quietly settled a case brought by the consumer watchdog over the dairy co-operative’s allegedly misleading promises about farmgate milk prices, with the former executive agreeing to stay away from the dairy industry for three years. 

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Full Court questions restraint against class action lawyers
Class Actions 2018-08-07 10:21 pm By Miklos Bolza

The Full Federal Court expressed doubts Tuesday about an “unusual” and “heavy handed” order restraining lawyers leading the stayed class actions against GetSwift from advising their clients about whether to opt out of the prevailing action.

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Westpac dodges ASIC bid for rogue trader chatter
Financial Services 2018-08-07 9:46 pm By Christine Caulfield

The corporate watchdog can’t get its hands on documents detailing Westpac’s disciplinary measures against rogue traders or communications between the employees ahead of a penalty hearing in a case that found the bank attempted to influence the Bank Bill Swap Rate.

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GetSwift class action should be reheard by new judge, Full Court told
Class Actions 2018-08-06 9:03 pm By Miklos Bolza

The judge overseeing the GetSwift class action proceedings was bent on picking a winner from the outset and should be removed from the case for rehearing, a barrister for one of the losing law firms told the Full Federal Court Monday.

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