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BHP can’t shut out foreign group members from class action
Energy & Natural Resources 2020-11-27 10:08 pm By Christine Caulfield

Mining giant BHP has lost a fight to keep foreign group members out of a shareholder class action over the Fundao dam failure in Brazil five years ago.

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AMP clashes with BOLR class action over releases for financial advisers
Financial Services 2020-11-24 6:52 pm By Christine Caulfield

Lawyers behind a class action against AMP over changes to its buyer of last resort policy have told a court the parties can’t agree on releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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EnergyAustralia must pay $1.5M for disconnecting vulnerable customers
Energy & Natural Resources 2020-11-18 6:59 pm By Spencer Fowler Steen

EnergyAustralia will cough up $1.5 million in penalties for wrongfully disconnecting eight customers facing serious financial hardship.

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ATO loses landmark case over GST gold scam
Tax 2020-11-17 7:15 pm By Miklos Bolza

The Australian Taxation Office has been blocked from indirectly recouping GST lost in a major tax scam by allegedly crooked gold traders with the Full Federal Court finding a $208 million demand sent to a defunct gold refiner had incorrectly interpreted the GST Act.

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7-Eleven to face new unconscionability claims in franchisee class action
Class Actions 2020-11-13 9:18 pm By Miklos Bolza

Two class actions on behalf of 7-Eleven franchisees plan to expand their case against the convenience store chain by adding new allegations of systemic unconscionable conduct.

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Mylan fails in High Court bid to save patents for top seller Lipidil
Intellectual Property 2020-11-06 12:06 pm By Cat Fredenburgh

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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Trivago loses appeal of ruling it misled consumers over hotel listings
Competition & Consumer Protection 2020-11-04 12:04 pm By Christine Caulfield

Hotel booking aggregator Trivago has lost its challenge to a court ruling that it misled consumers over its ranking of travel accommodation, in what the consumer regulator hailed as a win for consumers and a warning to comparison sites.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
Class Actions 2020-11-03 3:25 pm By Miklos Bolza

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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7-Eleven says courts have no power to ever make a common fund order
Class Actions 2020-10-27 11:51 pm By Christine Caulfield

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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Contradictor in 7-Eleven class action backs court’s power to make CFOs
Class Actions 2020-10-20 3:51 pm By Miklos Bolza

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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