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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2023-02-23 1:23 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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Medibank foreshadows stay bid as second class action looms
Privacy & Cybersecurity 2023-02-16 1:19 pm By Sam Matthews

Australia’s largest private health insurer Medibank has flagged an application to stay a landmark data breach class action filed in the Federal Court, as another law firm mulls a class action over the massive breach.

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Saga of common fund orders ripe for return to High Court
Analysis 2023-02-15 10:16 pm By Christine Caulfield

The question of power to make a common fund order at the end of a class action was no longer a hypothetical one and it was time to send the issue to the Full Federal Court. That’s what the 7-Eleven class action judge was told 15 months ago but he failed to heed the advice, resulting in a court deeply divided and funders clamouring for reform.

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Amid push for reforms, judges refuse to recuse themselves time and again
Courts 2023-01-18 4:09 pm By Sam Matthews

Requests by litigants for judges to disqualify themselves from presiding over cases were largely denied last year, in a raft of decisions containing lessons for litigants weighing up their own recusal bids in 2023.

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Class action members benefit when funder’s payout in line with risk, judge says
Class Actions 2023-01-13 10:37 pm By Christine Caulfield

In reasons for approving a $41 million deal to settle one of three shareholder class actions over Slater & Gordon’s acquisition of a UK firm and awarding the funder 28 per cent, a judge has challenged a persistent notion that the interests of litigation funders and group members are at odds.

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Rejected costs report in Woolworths class action got proportionality wrong, judge says
Class Actions 2023-01-10 11:02 pm By Sam Matthews

A costs report in a settled class action against Woolworths that recommended almost $800,000 in legal fee deductions failed to wrestle with a key factor in weighing the proportionality of the costs, a judge has said.

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Directed Electronics wins suit over ‘reprehensible’ theft by ex-manager
Intellectual Property 2022-11-25 10:42 pm By Sam Matthews

Automotive electronics company Directed Electronics has largely prevailed in a five-year-old lawsuit alleging a former manager misappropriated company information and reaped $3.6 million in commissions through a secret side agreement with South Korean giant Hanhwa.

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End of the road for AI inventions, as High Court rejects patent appeal
Intellectual Property 2022-11-11 6:49 am By Cat Fredenburgh

The High Court will not wade into the global debate over whether artificial intelligence inventions should receive patent protection, letting stand a Full Court judgment that overturned a landmark victory for AI pioneer Dr Stephen Thaler.

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Pitcher Partners’ $41M class action settlement gets nod
Class Actions 2022-10-28 11:04 pm By Cindy Cameronne

A judge has approved a $41 million settlement in a shareholder class action against Pitcher Partners but has reduced the funder’s cut to $11.5 million after resolving a feud with the lead applicant over how much it should receive for taking the case to trial.

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Law firm gets $14.5M in fees, after judge trashes ‘distorted’ referee’s report in Woolworths class action
Class Actions 2022-10-19 3:39 pm By Sam Matthews

The law firm that secured a $44.5 million settlement in a class action against Woolworths has won its full $14.5 million in costs, with a judge tossing the report of the referee he appointed to examine the fees, which he said appeared double what they should be.

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