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Disqualified exec loses case that forwarded ASIC email doesn’t count as service
ASIC 2019-12-16 11:52 pm By Christine Caulfield

An email from the corporate regulator forwarded to a Perth businessman by his lawyer constituted proper notification that the executive had been disqualified, an appeals court has ruled in tossing a challenge to the method of service.

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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Class Actions 2019-12-16 9:27 pm By Miklos Bolza

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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De-classing threat revived as 3A Composites slams ‘simply shambolic’ combustible cladding action
Product Liability 2019-12-16 9:25 pm By Miklos Bolza

German cladding manufacturer 3A Composites has again threatened to call for the de-classing of a class action brought over allegedly combustible cladding, slamming the case against it as “simply shambolic” and the conduct of the applicant as “utterly irresponsible”.

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Google slams ACCC’s ‘artificial and incorrect’ case over location data disclosures
Competition & Consumer Protection 2019-12-16 8:47 pm By Christine Caulfield

Google has come out in defence of its privacy disclosures to Android mobile users in the face of landmark legal action by the ACCC, saying the consumer regulator’s allegations of misleading conduct rely on an “artificial and incorrect” account of the way it informs users of the collection and use of personal location data.

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‘Haircut’ by law firm, funder in Forge class action settlement appropriate, judge says
Class Actions 2019-12-16 6:13 pm By Christine Caulfield

A self-imposed cap on legal fees and a reduced funding cut of a $16.5 million settlement in a class action against failed construction company Forge Group was the right call by the law firm and the funder behind the case, a judge has said in his reasons for approving the deal.

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High Court shoots down ABC, Nine appeal in Chau Chak Wing defamation case
Defamation 2019-12-13 9:52 pm By Cat Fredenburgh

The High Court will not hear an appeal by the ABC and Nine seeking to revive their truth defence in a defamation lawsuit brought by Chinese businessman Chau Chak Wing.

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Pizzeys wins discovery bid for possible lawsuit against patent attorneys who jumped ship
Business of Law 2019-12-13 4:17 pm By Miklos Bolza

Boutique IP firm Pizzeys Patent and Trade Mark Attorneys has won its bid for preliminary discovery to pursue possible claims against two patent attorneys who left the firm to start their own competing business.

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Queensland won’t appeal loss in floods class action
Class Actions 2019-12-13 12:29 pm By Cat Fredenburgh

The State of Queensland will not appeal a ruling that found it, as well as the operators of two Queensland dams, were negligent in the 2011 floods in the Southeast region of the state that left over 2,000 homes destroyed.

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Orinoco Gold investor wins bid to inspect books after share value tanks
Restructuring & Insolvency 2019-12-12 2:01 pm By Miklos Bolza

A shareholder of struggling gold company Orinoco Gold has been granted limited access to the company’s books after the firm was placed into administration on the back of an abysmal year on the ASX which saw it share value plummet by more than 97 per cent.

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Judge won’t stop 7-Eleven from seeking class action releases from franchisees
7-Eleven 2019-12-12 1:31 pm By Christine Caulfield

A judge has shot down a bid by class action applicants to block 7-Eleven from seeking litigation releases from franchisees on contract renewal, saying there was no evidence the convenience store giant had acted unlawfully.

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