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BHP asks High Court to weigh in on inclusion of foreign investors in class action
Appeals 2021-07-05 11:56 am By Cat Fredenburgh

Global resources giant BHP Group is seeking special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Appeals 2021-06-03 10:10 am By Cindy Cameronne

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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BHP tells Full Court class action regime only for Australian residents
Class Actions 2021-05-21 11:41 pm By Miklos Bolza

Global resources giant BHP Group has asked the Full Court to rule foreign investors should be excluded from a shareholder class action over the 2015 Fundao dam disaster, arguing the class action regime only applies to those in Australia.

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ASIC bans former Theta director over defective product disclosures
Financial Services 2021-05-14 2:25 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has banned the former managing director of collapsed financial services provider Theta Asset Management from providing financial services for four years, after a court hit the company with a $2 million penalty for issuing defective product disclosure statements for a property investment scheme targeting retirees.

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SMH editor added to Sydney criminal lawyer’s defamation case
Defamation 2021-04-23 10:41 pm By Cindy Cameronne

A criminal defence lawyer who represented convicted criminal Salim Mehajer has won court approval to join the editor of the Sydney Morning Herald to her defamation lawsuit over an article and social media posts that allegedly implied she breached her oath as a solicitor by being romantically involved with clients.

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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Tax 2021-03-23 9:27 pm By Miklos Bolza

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Avoiding ‘dangers’ of GetSwift approach, judge will jointly hear class actions over Slater & Gordon advice
Class Actions 2021-03-05 3:46 pm By Miklos Bolza

The judge overseeing two class actions over legal and accounting advice given ahead of Slater & Gordon’s disastrous Quindell acquisition has said he will hear the cases together, citing the “dangers” of the approach taken in litigation against GetSwift, which resulted in a judge being ordered to step down.

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Full Court to hear another appeal over computer-implemented invention
Intellectual Property 2021-03-04 2:58 pm By Cat Fredenburgh

The Full Federal Court has been asked to consider an appeal of a judge’s ruling backing the position of the Commissioner of Patents that two patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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GetSwift slammed for ‘unfair attack’ on judge hearing class action, ASIC case
Class Actions 2021-02-15 7:18 pm By Miklos Bolza

GetSwift has been criticised for its “quite unfair attack” on a Federal Court judge who refused to disqualify himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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