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Forge class action judge stands firm despite being warned of ‘real risk’ to trial date
Class Actions 2019-05-03 2:06 pm By Amelia Birnie

A judge has refused to contemplate delays to the long-running investor class action against defunct engineering and construction company Forge Group, as lawyers for some of the respondents warn of a “real risk” that the current trial date might need to be vacated.

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Judge approves 30% step-up commission in RMBL class action
Class Actions 2019-05-03 11:05 am By Cat Fredenburgh

A judge has signed off on common fund application in a consumer protection class action against mortgage lending and investment firm RMBL Investments under which the funder will earn a 30% cut of any resolution amount if the case drags into September.

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Fair Work Ombudsman wins appeal over CFMEU penalty in Hutchison Ports strike case
Employment 2019-05-03 12:00 am By Christine Caulfield

An appeals court has handed a win to the Fair Work Ombudsman in its battle for a multimillion dollar penalty against the CFMEU for coordinated strikes at two Hutchison Ports shipping terminals, finding a judge’s fine of just $38,000 did not cut it.

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Maurice Blackburn says it can deliver the goods in BHP class action
Appeals 2019-05-02 10:34 pm By Christine Caulfield

Law firm Maurice Blackburn has fired its opening salvo in a high-stakes appeal of a judge’s decision rejecting its class action against BHP over the Brazilian dam failure, saying the ruling deprived group members of pocketing higher net returns on any recovery and of choosing a more experienced firm to run the case for them.

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ASIC to face off against Westpac after judge ripped up $35M settlement deal
Financial Services 2019-05-02 9:22 pm By Cat Fredenburgh

The Australian Securities and Investments Commission will gets a chance on Monday to prove its claims that Westpac breached responsible lending laws by providing unsuitable home loans when the two face off in a high-stakes trial following the court’s rejection of what would have been a record $35 million penalty for breaching the country’s lending laws.

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‘No reason in logic’ why Ethicon pelvic mesh class should not be expanded, judge says
Class Actions 2019-05-02 4:27 pm By Cat Fredenburgh

A judge has signed off on the lead applicants’ bid to expand the current group definition in a class action against Johnson & Johnson unit Ethicon over allegedly defective vaginal mesh products, saying there was “no reason in logic” why the request should be denied.

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Ashley Services class action settles for $14.6M
Class Actions 2019-05-02 12:58 pm By Cat Fredenburgh

Private training company Ashley Services and auditors Deloitte and Grant Thornton will pay a combined $14.6 million to settle a shareholder class action, and IMF Bentham says it may bank $7.2 million for funding the litigation.

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Foxtel can’t revoke China Unicom trade mark after Allens misses deadline
Intellectual Property 2019-05-01 11:45 pm By Christine Caulfield

Pay TV giant Foxtel has lost an appeal of an IP Australia decision refusing to revoke a trade mark by telco China Unicom after a failure of the trade mark office’s online filing system meant its law firm, Allens, missed the deadline for opposing the mark.

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Property developers accused of ‘gaming the system’ at GST class action trial
Class Actions 2019-05-01 10:58 pm By Amelia Birnie

Multiple Canberra property developers have been accused of deliberately trying to avoid repaying GST to home buyers at the outset of a class action trial involving almost 500 apartment owners.

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‘Cranky’ judge set to order ex-Parramatta Council boss, Fairfax to mediation again
Defamation 2019-05-01 6:33 pm By Amelia Birnie

The defamation case of sacked CEO of Sydney’s City of Parramatta Council against Fairfax Media is “susceptible to settlement”, a judge said Wedneday as he flagged the prospect of sending the case to mediation for a second time.

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