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Westpac slams Shine’s ‘sales pitch’ in class action opt out notice
Class Actions 2020-02-21 10:21 pm By Miklos Bolza

Westpac has criticised Shine Lawyers for allegedly turning a registration and opt out notice to class action members into a ‘sales pitch’ designed to book-build for the firm, saying the High Court’s recent common fund ruling forbade approval of anything designed to boost the commercial viability of a case.

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De Belin says Nationwide News defamed him with ‘rapist’ allegations
Defamation 2020-02-21 9:27 pm By Cat Fredenburgh

Suspended rugby player Jack de Belin has hit the publisher of The Daily Telegraph with a defamation lawsuit over an article, cartoon and tweet that allegedly implied he was a “rapist” and a “despicable person”.

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No end in sight for epic Queensland floods class action
Class Actions 2020-02-21 12:45 pm By Cat Fredenburgh

Dam operator Seqwater will appeal its loss in a long-running class action over the 2011 Queensland floods that destroyed over 2,000 homes, a move derided by the lawyer for the flood victims, who called for “an end to the injustice” her clients have suffered.

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Ex-director can’t grill Corrs partner in $1M share dispute
Employment 2020-02-21 12:14 pm By Miklos Bolza

A former managing director of Australian civil infrastructure contractor WBHO Infrastructure and his firm have lost their bid to cross-examine the company’s instructing solicitor at Corrs Chambers Westgarth as part of a $1 million share dispute that followed his termination.

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Ex-Victorian prosecutor awarded $435,000 for work-related PTSD
Business of Law 2020-02-20 9:29 pm By Miklos Bolza

A former prosecutor working for the Victorian Office of Public Prosecutions in its sexual offences division has won a $435,000 judgment by the state’s Supreme Court after being diagnosed with depression and PTSD during her time working there.

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Judge proposes joint sitting as talks to deal with competing Monsanto class actions break down
Personal injury 2020-02-20 5:38 pm By Miklos Bolza

The judges overseeing two competing class actions against Monsanto in the Federal and Victorian Supreme Courts may hold a joint sitting as the multiplicity fight continues and the chemical giant flags a future bid to either transfer or permanently stay the state court proceeding.

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Aussie designer did not object to Katy Perry’s use of her trade mark, court told
Intellectual Property 2020-02-20 4:50 pm By Miklos Bolza

Popstar Katy Perry has rejected claims of trade mark infringment by Sydney-based fashion designer Katie Perry, saying the designer “encouraged or acquiesced to” the singer’s use of her name on branded clothing sold in Australia.

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Six-year delay in judge’s ruling ‘deplorable’, Full Court says in Boral sex harassment case
Employment 2020-02-20 4:44 pm By Christine Caulfield

Wood products giant Boral Timber has been found vicariously liable for a male worker’s sexual harrassment of a female colleague, with an appeals court overturning a ruling that it said took a judge more than six years to deliver and “regrettably” brought the administration of justice into disrepute.

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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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