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Ashurst partner’s appeal flops in Point Piper property spat with ex-judge
Appeals 2020-01-06 2:35 pm By Miklos Bolza

An Ashurst partner that argued a judge was “confused” when he decided to appoint liquidators to his luxury Point Piper home in a dispute with an ex-judge neighbour has lost his challenge to the ruling.

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‘Good practical sense’: Judge OKs taxi driver class action against Uber
Competition & Consumer Protection 2020-01-06 2:10 pm By Miklos Bolza

Uber has failed to put the brakes on a massive class action alleging the ride-sharing giant engaged in a conspiracy to steal business from taxi and limousine drivers across four states.

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Dover can seek access to ASIC files in bid to prove ‘Orwellian’ client protection policy harmed no one
Financial Services 2019-12-20 11:04 pm By Christine Caulfield

Defunct Dover Financial, which faces a penalty hearing next year after it was found to have misled customers with an inaptly titled ‘client protection policy’, can bring an application for evidence from the corporate regulator that the policy did not harm anyone.

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Dam operators haven’t ruled out appeal in Queensland floods class action
Class Actions 2019-12-20 10:38 pm By Cat Fredenburgh

Dam operators Seqwater and Sunwater have not ruled out appealing a judgment that found they, along with the state of Queensland, were negligent in the 2011 floods in the Southeast region of the state that left over 2,000 homes destroyed.

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ASIC takes Volkswagen to court for alleged car loan breaches
Financial Services 2019-12-20 10:23 pm By Christine Caulfield

Not bowed by its defeat against Westpac in a case over alleged responsible lending breaches, the Australian Securities and Investments Commission has brought action against Volkswagen alleging similar violations of the credit laws in relation to almost 50,000 car loans over three years.

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IMF drops fight over commission in settled Murray Goulburn class action
Class Actions 2019-12-20 9:33 pm By Miklos Bolza

Litigation funder IMF Bentham has thrown in the towel in a battle over its cut of a $42 million settlement in a class action against dairy cooperative Murray Goulburn, accepting the Federal Court’s proposed 25 per cent commission rate after initially seeking 32 per cent.

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CIMIC settles shareholder class action over corruption disclosures
Class Actions 2019-12-20 1:17 pm By Cat Fredenburgh

Engineering services company CIMIC has agreed to settle a long-running shareholder class action launched in the wake of media reports of an alleged $42 million bribe paid by the firm to win a lucrative oil contract.

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Judge fines Volkswagen $125M after slamming ‘manifestly inadequate’ ACCC settlement
Competition & Consumer Protection 2019-12-20 11:45 am By Miklos Bolza

A Federal Court judge has slapped Volkswagen with a record $125 million penalty over its emissions cheating scandal after expressing outrage at a “manifestly inadequate” $75 million settlement agreement reached with the Australian Competition and Consumer Commission.

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Reports of death of common fund orders greatly exaggerated
Analysis 2019-12-19 11:46 pm By Christine Caulfield

Common fund orders in federal class actions could live to see another day, the Federal Court has indicated in new guidance to be released Friday, which swiftly responds to a recent judgment by the High Court that appeared to spell their doom.

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Trial date vacated again in Country Care criminal cartel case
Competition & Consumer Protection 2019-12-19 11:43 pm By Cat Fredenburgh

A judge has vacated an upcoming trial date in a criminal cartel proceeding against mobile equipment provider Country Care Group and two individuals, and allowed the defendants to appeal a first-of-its-kind ruling on jury directions in criminal cartel cases.

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