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Judge warns RCR Tomlinson class actions to ‘get their act together’, says litigation funding ‘not rocket science’
Class Actions 2019-08-09 8:04 pm By Amelia Birnie

The plaintiffs in three competing RCR Tomlinson shareholder class actions have been told to “get their act together” by the judge who forcibly consolidated their proceedings, after the parties revealed they were as yet unable to agree on joint funding terms.

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Garuda reveals debts of $480M, but can’t dodge $19M cartel fine yet
Competition & Consumer Protection 2019-08-09 5:18 pm By Miklos Bolza

Indonesian airline Garuda has failed in its bid to stay a $19 million penalty for its role in a fuel surcharge cartel after telling the Federal Court it has debts of $480 million, with a judge saying he would be allowing the company to trade while insolvent if he granted the stay.

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Linfox appeals $45M fuel tax fight to Full Federal Court
Tax 2019-08-08 10:56 pm By Amelia Birnie

Australian logistics company Linfox has taken its $45 million fuel tax credit challenge to the Full Federal Court, arguing its trucks are being over-taxed on major toll roads across the country.

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Full Court docket stacked with class action appeals
Appeals 2019-08-08 10:54 pm By Christine Caulfield

The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.

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Lendlease points finger at shareholders in class action defence
Class Actions 2019-08-08 5:58 pm By Miklos Bolza

Construction giant Lendlease has filed its defence in one of two shareholder class actions filed against it, saying any losses investors allegedly suffered were wholly or partly due to their own failure to take reasonable care.

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Viagogo ordered to hand over slew of financial docs ahead of penalty hearing
Competition & Consumer Protection 2019-08-08 3:49 pm By Miklos Bolza

The Australian Competition and Consumer Commission has won its bid for a year’s worth of financial statements from Viagogo, after successfully arguing the online ticket reseller’s financial position was needed to determine an appropriate penalty for its violations of the Australian Consumer Law.

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Docs seized in AFP raid of convicted land mogul’s offices can be handed to liquidators
Restructuring & Insolvency 2019-08-07 8:25 pm By Miklos Bolza

The Full Federal Court has dismissed two appeals by convicted land mogul Allen Caratti seeking to prevent liquidators of five of his companies from obtaining documents seized in two 2015 raids by the Australian Federal Police.

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Class action alleges Cosmetic Institute director was mastermind behind ‘one size fits all’ breast surgery
Class Actions 2019-08-07 8:11 pm By Amelia Birnie

The plaintiffs in The Cosmetic Institute class action over allegedly botched breast implants will argue a former director of the company was the mastermind behind the ‘one size fits all’ business model, after the business went into liquidation and stopped participating in litigation.

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High Court upholds sacking of public servant over tweets
Employment 2019-08-07 5:13 pm By Amelia Birnie

The High Court has unanimously upheld the validity of the Australian Public Service code of conduct, after a former public servant mounted a freedom of speech challenge after being sacked for anonymously tweeting thousands of critical comments about government immigration policy and members of parliament.

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NAB, ex-Walton Construction exec may face $70M suit by special purpose liquidator
Restructuring & Insolvency 2019-08-07 3:30 pm By Miklos Bolza

National Australia Bank and the director of the collapsed Walton Construction face a possible lawsuit over more than $70 million in claims after the Federal Court gave the greenlight to the appointment of a special purpose liquidator to pursue the case.

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