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Class can’t access insurance docs in action over ‘illusory’ car warranties
Class Actions 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Bega triumphs again in $60M battle over peanut butter IP rights
Intellectual Property 2020-04-14 3:47 pm By Cat Fredenburgh

Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.

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Judge shoots down request for soft closure in breast implants class action
Class Actions 2020-04-14 1:22 pm By Cat Fredenburgh

The plaintiffs in a class action against Dr Eddy Dona, the director of defunct chain the Cosmetic Institute, over allegedly botched breast implants have lost their bid for a ‘soft’ class closure order, with a judge saying the class already had sufficient information to engage in settlement negotiations.

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‘This is the reality of litigation in Australia’: Class action clashes with Ford over virtual trial
Trials 2020-04-09 9:59 pm By Christine Caulfield

Arguing that the court should not be “baulking at problems that have the potential to occur”, counsel for a class action against Ford is pushing back against a bid by the car maker to put the brakes on an upcoming virtual trial the company says will be too difficult and costly.

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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
Trials 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Quintis reaches settlement in shareholder class action
Class Actions 2020-04-09 7:53 pm By Christine Caulfield

Sandalwood producer Quintis has agreed to settle two class actions by shareholders, but the claims against company founder Frank Wilson and auditor EY will proceed for now.

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Global teleco BT sues former COO for jumping ship to Japan’s NTT
Employment 2020-04-09 2:02 pm By Miklos Bolza

The Australian arm of global telecommunications firm BT Group has filed legal action against a former chief operating officer who jumped ship to Japanese competitor NTT.

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Judge calls for legislative fix in wake of High Court’s common fund ruling
Class Actions 2020-04-09 1:50 pm By Christine Caulfield

Lamenting that he now has less flexibility to manage commission rates, a judge has called for legislative intervention to give courts authority to regulate funding arrangements at the outset of class actions, a power stripped from them by the High Court late last year.

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Fair trial not possible in virtual courtroom, says judge overseeing Obeid, Macdonald case
White Collar 2020-04-08 10:49 pm By Christine Caulfield

A fair trial cannot be conducted in a virtual courtroom, the judge overseeing the criminal case against former NSW Labor ministers Eddie Obeid and Ian Macdonald has said in adjourning their hearing for five months.

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Funding blocked in Clive Palmer class action until appeal heard
Class Actions 2020-04-08 7:59 pm By Alison Eveleigh

Funding for a class action over the troubled Coolum Palmer Resort has been temporarily blocked while a company owned by Clive Palmer appeals a judgment in a separate lawsuit lodged by the billionaire to thwart the class action.

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