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Judge looks out for pensioners as NAB ‘junk’ insurance class action settlement approval delayed
Class Actions 2019-12-03 2:37 pm By Miklos Bolza

A judge on Tuesday questioned how elderly group members struggling with the digital age can register in a ‘junk’ insurance class action against National Australia Bank, amid the postponement of hearing to approve the $49.5 million settlement reached in the case.

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Settlement approval in second Murray Goulburn class action could be ‘messier’, judge says
Class Actions 2019-12-03 2:01 pm By Christine Caulfield

A judge has rejected a proposal to jointly hear argument for approval of settlements in two class actions against milk supplier Murray Goulburn, saying the issues in one case — led by the legal team under scrutiny for alleged professional misconduct in a separate class action — could be more complicated.

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Funder to earn up to $130M from Queensland floods class action
Class Actions 2019-12-02 4:55 pm By Cat Fredenburgh

Funder IMF Bentham expects to bring in up to $130 million in income for backing the Queensland floods class action, after a judge ruled last week that the operator of two dams as well as the state government were responsible for the severity of the flooding that hit Southeast Queensland in 2011.

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Court finds Atlas liquidators entitled to view Ashurst advice
Restructuring & Insolvency 2019-12-02 3:16 pm By Miklos Bolza

The liquidators of Atlas Construction have won access to advice supplied by law firm Ashurst as they pursue examination proceedings against two of the company’s former directors.

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Sydney lawyer on the hook for ‘actively concealing’ Peter Foster’s sports betting scam
Class Actions 2019-12-02 11:43 am By Miklos Bolza

Investors who sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster lost money because a Sydney lawyer failed to come forward with the truth, a judge has found.

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Bendigo and Adelaide Bank appeals loss of 20-year-old trade mark
Intellectual Property 2019-11-29 11:09 pm By Christine Caulfield

Arguing the court was wrong to rule that its trade mark was not inherently distinctive, Bendigo and Adelaide Bank is challenging a judgment that revoked its 20-year-old mark for ‘Community Bank’.

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Judge in toxic foam class action says court not a ‘supplicant’ of the Commonwealth
Class Actions 2019-11-29 10:59 pm By Miklos Bolza

The Federal Court judge overseeing three class actions against the Commonwealth of Australia over allegedly toxic firefighting foam has criticised the government’s handling of the case, saying the court did not have to ask permission for how to run the proceedings.

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Optus hit with $6.4M fine for misleading NBN email
Competition & Consumer Protection 2019-11-29 10:24 pm By Cat Fredenburgh

A Federal Court judge has slapped Optus with a $6.4 million penalty for sending a misleading email to 138,988 mobile customers informing them their broadband service would be disconnected soon, just two days after the telecommunications giant copped a $1.5 million penalty for similar conduct.

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Hytera can argue Motorola should have alerted it to stolen IP sooner, Full Court says
Intellectual Property 2019-11-29 2:26 pm By Cat Fredenburgh

The Full Federal Court has handed a win to Hytera in its high-stakes intellectual property litigation with Motorola, allowing the Chinese radio manufacturer to file an amended defence arguing Motorola should have alerted it to the alleged theft of its source code by former employees sooner.

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Ernst & Young denies it was negligent in goodwill review of Slater & Gordon’s Quindell deal
Class Actions 2019-11-29 1:50 pm By Christine Caulfield

Accounting giant Ernst & Young, which has been dragged into two class actions by Slater & Gordon shareholders, has shot back at claims it was negligent in its 2015 audit report of the law firm’s UK division, which included a review of the firm’s disastrous acquisition of Quindell’s professional services arm that found no impairment on the goodwill value of the deal.

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