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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Class Actions 2020-02-19 8:38 pm By Miklos Bolza

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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Great Southern investor’s fight over enforceability of Bendigo Bank loan revived on appeal
Class Actions 2020-02-19 3:26 pm By Christine Caulfield

Two investors in failed Great Southern Group managed investment schemes have lost their latest appeal over a controversial class action settlement deed that allowed Bendigo and Adelaide Bank to enforce loans issued to fund their investments. But a third borrower, who denied he was a member of the class action, has been given the greenlight to defend the bank’s recovery proceedings.

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No duty of care owed to Centrelink recipients, gov’t says in Robodebt class action defence
Class Actions 2020-02-18 9:02 pm By Miklos Bolza

Defending against a $300 million class action brought by Centrelink recipients over its Robodebt scheme, the Federal Government has told a court it did not owe a duty of care to people receiving benefits.

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Judge should be commended for ‘judicial economy’, Pacific National tells court in ACCC appeal
Competition & Consumer Protection 2020-02-18 2:37 pm By Christine Caulfield

Pacific National has defended a decision by a judge to accept an undertaking and rule against the ACCC in its competition case over the rail operator’s acquisition of a major freight terminal in Queensland, saying the ruling was structured with “commendable judicial economy”.

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NAB’s ‘grossly deficient’ systems prompted ASIC’s second fees-for-no-service case, court hears
Financial Services 2020-02-18 2:10 pm By Miklos Bolza

National Australia Bank’s “grossly deficient” systems and failure to swiftly bring its processes into compliance prompted ASIC to launch its second fees-for-no-service case against the bank, the Federal Court has heard.

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Liquidators want $6M from directors of failed Gold Coast asset manager
Restructuring & Insolvency 2020-02-17 9:49 pm By Cat Fredenburgh

Two former directors of defunct Gold Coast asset manager Avestra are facing a lawsuit from the company’s liquidators seeking to recover $6 million in alleged losses by three of the company’s managed investment schemes.

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Search warrant authorising AFP raid on ABC valid, court rules
Media 2020-02-17 8:52 pm By Miklos Bolza

The Australian Broadcasting Corporation has lost its challenge to an Australian Federal Police search warrant authorising a raid on the broadcaster’s Sydney headquarters last year.

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Google may face class action over anonymous reviews
Class Actions 2020-02-17 5:26 pm By Miklos Bolza

Search giant Google may face a class action by disgruntled business owners seeking compensation for loss and damage they claim has been caused by anonymous negative online reviews.

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Judge overstepped in accepting Pacific National undertaking, ACCC tells appeals court
Competition & Consumer Protection 2020-02-17 4:30 pm By Christine Caulfield

The judge who dismissed the ACCC’s challenge to Pacific National’s acquisition of Aurizon’s Acacia Ridge Terminal in Queensland had no power to accept an undertaking by the rail operator as an answer to the competition regulator’s case, an appeals court has been told.

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Russells drops cross claim against axed solicitor
Employment 2020-02-17 12:44 pm By Cat Fredenburgh

Russells Lawyers has withdrawn a cross claim against a restructuring and insolvency solicitor who filed a lawsuit alleging the firm tried to manufacture a reason for terminating his employment.

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