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IOOF unit can’t stop ASIC from using royal commission evidence
Financial Services 2020-09-07 6:37 pm By Miklos Bolza

An IOOF subsidiary sued over “bad advice” has failed in its bid to stop ASIC from using documents from the banking royal commission as evidence in the case, with a judge saying the company had already provided the material to the financial watchdog without objection.

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BHP wants foreign group members shut out of class action over Brazil dam failure
Class Actions 2020-09-07 5:21 pm By Alison Eveleigh

Mining giant BHP is seeking to have foreign group members shut out of a shareholder class action over the Fundao dam failure in Brazil five years ago.

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Court approves settlement with ANZ in 7-Eleven class actions
Franchises 2020-08-25 6:18 pm By Christine Caulfield

A judge has signed off on a settlement that releases ANZ from two class actions by 7-Eleven franchisees that alleged the bank engaged in unconscionable conduct and breached responsible lending laws by providing loans to purchase outlets of the convenience store giant.

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Mylan loses Lipidil appeal, despite court finding proof of intention not needed for Swiss-style claims
Intellectual Property 2020-07-03 5:27 pm By Miklos Bolza

Mylan Health has lost its challenge to a ruling that invalidated three patents related to its blockbuster cholesterol drug Lipidil, despite the appeals court finding the primary judge had erred by ruling that proof of intention was required for Swiss-style claims.

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Binary options trader hit with $1.8M penalty for ‘systemic’ exploitation
Financial Services 2020-06-18 4:10 pm By Cat Fredenburgh

A Marshall Islands-based binary options trader has been hit with a $1.8 million penalty after a judge found it engaged in the “deliberate deception of vulnerable people”.

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Kraft takes trade dress battle with Bega to High Court
Intellectual Property 2020-05-21 11:12 am By Christine Caulfield

US food giant Kraft-Heinz wants the High Court to hear its intellectual property stoush with Bega after twice losing the battle over the right to use its peanut butter trade dress in Australia.

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In a first, judge says High Court dealt CFOs a total knockout
Class Actions 2020-05-14 6:08 pm By Miklos Bolza

A judge has found that the High Court’s landmark ruling last year blocking common fund orders in the early stages of a class action also barred them from being made at the conclusion of a proceeding, departing from several recent rulings on common fund orders.

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First common fund order granted in the wake of High Court ruling
Class Actions 2020-05-06 1:51 pm By Alison Eveleigh

A judge has made a common fund order in approving a $3 million settlement in a class action against mortgage lending and investment company RMBL, the first common fund order granted since the High Court shot down these orders in the early stages of class actions.

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Vocus ruling cements return to class action book building by funders
Analysis 2020-05-05 10:37 pm By Christine Caulfield

A decision this week rejecting a proposed common fund order at the settlement approval stage of a class action against teleco Vocus has dashed the hopes of litigation funders that a recent High Court ruling would not foreclose on judges using discretion at the end of a case and will cement a return to bookbuilding and a focus on shareholder class actions by institutional investors.

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Common fund order slapped down in Vocus class action
Class Actions 2020-05-04 5:50 pm By Miklos Bolza

A judge has declined to make a common fund order in approving a $35 million settlement in a shareholder class action against telecommunications firm Vocus Group, resulting in a reduced payout for the funders that backed the case.

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