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Boutique firm Phi Finney McDonald ’eminently qualified’ to run BHP class action, experts say
Analysis 2019-02-01 11:19 pm By Christine Caulfield

Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge’s ruling to choose the “less experienced” firm to lead a shareholder class action against BHP Billiton.

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Judge slams ‘extremely unhelpful’ Qantas defence in underpayment case
Employment 2019-02-01 11:17 pm By Miklos Bolza

A judge has taken Qantas to task over its defence in a Fair Work case brought by the Australian Licenced Aircraft Engineers Association union over alleged underpayments to LA-based mechanics, calling the document “extremely unhelpful”.  

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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Analysis 2019-02-01 11:16 pm By Christine Caulfield

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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Class fights to use settlement evidence in Ethicon pelvic mesh case
Class Actions 2019-02-01 11:00 pm By Miklos Bolza

A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker’s class closure application.

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Visa settles competition lawsuit over currency conversion ban
Competition & Consumer Protection 2019-01-31 10:01 pm By Cat Fredenburgh

Visa has resolved a lawsuit by a fintech founder alleging it misused its market power by banning the use of dynamic currency conversion services in several countries, including Australia and the US.

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Judge OKs $16.4M Cash Converters settlement, but axes scheme administrator clause
Class Actions 2019-01-31 7:51 pm By Miklos Bolza

A judge has signed off on a $16.4 million settlement of a class action against Cash Converters, but not before scrapping a clause he said tied the court’s hands by making the deal conditional on the appointment of Maurice Blackburn as scheme administrator.

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Mylan loses lawsuit against Sun Pharma over cholesterol drug patents
Intellectual Property 2019-01-31 7:30 pm By Miklos Bolza

Generic drug maker Sun Pharma has emerged victorious in a lawsuit brought against it by Mylan relating to Sun’s plans to launch a generic version of cholesterol drug fenofibrate.

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Property spruiker Rick Otton drops appeal of record $6M fine
Competition & Consumer Protection 2019-01-30 9:54 pm By Christine Caulfield

We Buy Houses’ director Rick Otton has withdrawn his appeal of a ruling that slugged him with a $6 million fine for misleading property investors, the highest ever penalty imposed on an individual for breaches of the Australian Consumer Law.

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Supplier of scalding hot water bottles hit with $415k fine
Chief Justice Debra Mortimer 2019-01-30 7:55 pm By Miklos Bolza

A wholesaler that supplied leaking hot water bottles and exploding candle holders to retailers in Victoria has been fined $415,000 for distributing the dangerous products in breach of the Australian Consumer Law.

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AIG appeals ruling in Kaboko Mining D&O coverage dispute
Insurance 2019-01-30 3:43 pm By Christine Caulfield

AIG Australia has appealed a decision that found it’s liable for covering four former directors being sued by collapsed Kaboko Mining after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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