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Fairfax slammed for ‘very unhelpful’ defence in Elaine Stead defamation case
Defamation 2020-02-13 12:43 pm By Miklos Bolza

Nine-owned Fairfax Media has been sent back to the drawing board to redo what a judge called a “very unhelpful” defence to a defamation lawsuit brought by venture capitalist Elaine Stead over articles that appeared in the Australian Financial Review about her role in the collapse of fund manager Blue Sky Alternative Investments.

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Judge clears $15B Vodafone, TPG deal in latest merger challenge loss for ACCC
Competition & Consumer Protection 2020-02-13 11:21 am By Christine Caulfield

Vodafone has won its case against the ACCC over its proposed merger with rival telecommunications company TPG, with a judge ruling the tie-up would not substantially lessen competition and had a real chance of becoming a “competitive force” against the two dominant players in the market, Telstra and Optus.

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Rural Funds wins unprecedented case against activist short seller Bonitas
Securities 2020-02-12 10:55 pm By Cat Fredenburgh

Australian agricultural fund manager Rural Funds Group has won its legal action alleging US short seller Bonitas Research engaged in misleading and deceptive conduct when it described the group’s equity as “ultimately worthless” and sent its share price plummeting.

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McDonald’s franchisee says law doesn’t entitle staff to use the toilet whenever they want
Employment 2020-02-12 3:35 pm By Christine Caulfield

A McDonald’s franchisee has hit back at claims it threatened staff with cruel and inhumane working conditions by telling employees they could not go to the toilet during their shift outside a 10-minute paid break, saying the law doesn’t give workers the right to go to the bathroom whenever they want to.

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Funder to continue backing Westpac insurance class action, for now
Class Actions 2020-02-12 11:43 am By Miklos Bolza

The funder behind a class action against Westpac over allegedly excessive insurance premiums has confirmed that it will continue backing the case despite earlier concerns it may pull out in the wake of the High Court’s landmark ruling on common fund orders.

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AMP to face class action over sale of ‘inflated’ insurance policies
Class Actions 2020-02-12 10:29 am By Cat Fredenburgh

AMP will face a class action alleging its financial representatives pushed AMP inflated insurance policies onto 100,000 customers despite knowing that better policies could be found through other providers.

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VW appeals record $125M penalty over ‘dieselgate’ scandal
Appeals 2020-02-12 9:24 am By Cat Fredenburgh

Volkswagen has appealed a record $125 million penalty handed down over its emissions cheating scandal by a judge who criticised a $75 million settlement agreement with the Australian Competition and Consumer Commission as “manifestly inadequate”.

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Canadian trader seeks to revive $10M defamation case against ASIC
Defamation 2020-02-11 10:47 pm By Cat Fredenburgh

A Canadian trader is appealing a ruling that threw out his $10 million defamation case against the Australian Securities and Investments Commission over allegedly defamatory communications the regulator sent to major stockbrokers.

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CIMIC to pay $32.4M to settle shareholder class action
Class Actions 2020-02-11 10:31 pm By Cat Fredenburgh

Engineering services company CIMIC will fork over $32.4 million to settle a shareholder class action, with group members expected to get 40 per cent of the settlement total if the court approves the requested  legal costs and funder’s commission.

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Federal Court may not cede class action ground to Victoria if contingency fee bill passes
Class Actions 2020-02-11 9:46 pm By Christine Caulfield

With Victoria set to pass legislation permitting law firms to charge contingency fees, experts have raised fears of an exodus of class actions from other states and the federal system. But the Federal Court, which hears about two-thirds of Australia’s representative proceedings, is not likely to surrender easily.

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