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Law firms avoid courtroom showdown with novel CBA class actions deal
Class Actions 2018-11-21 11:36 pm By Cat Fredenburgh

Maurice Blackburn and Phi Finney McDonald have sidestepped a competing class action battle in the high-stakes litigation against Commonwealth Bank of Australia over alleged breaches of money laundering laws, with the firms proposing to jointly lead a consolidated class action against the bank.

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Breakaway law firm loses copyright spat over Kaden Boriss name
Intellectual Property 2018-11-21 9:44 pm By Miklos Bolza

Two founders of the Kaden Boriss international network of law firms have had a copyright case over the company’s name and logo thrown out, after a heated spat between partners led to the break-off of the group’s Sydney office.

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Ponzi schemer Samra drew funds at ‘near excess’, BankSA admits
Class Actions 2018-11-21 8:41 pm By Miklos Bolza

Westpac-owned BankSA has admitted that convicted Ponzi schemer Michael Samra withdrew funds at “near excess” of the bank’s limits and had insufficient money to honour cheques drawn on his company’s bank account.

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Dick Smith shareholder must join class action to pursue claims, judge says
Class Actions 2018-11-20 11:17 pm By Cat Fredenburgh

A Dick Smith shareholder has lost his bid to bring a separate proceeding against the failed home goods retailer while two class actions are afoot.

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Commonwealth denied costs in class action by detained asylum seekers
Class Actions 2018-11-20 9:49 pm By Cat Fredenburgh

The scope of the government’s power to detain individuals is “a matter of considerable public importance”, a judge has said, shooting down the Commonwealth’s bid for costs after it won the dismissal of a class action brought on behalf of asylum seekers who allege they were unlawfully imprisoned in Australian immigration detention centres.

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Monster Energy drops challenge to Fernbrew ‘beast’ trade mark
Intellectual Property 2018-11-20 2:39 pm By Cat Fredenburgh

Energy drink giant Monster Energy has dropped its challenge to a ruling allowing alcoholic spirits wholesaler Fernbrew to trade mark the term ‘Real Beast’ for alcoholic beverages.

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GetSwift judge had power to stay competing class actions, Full Court rules
Appeals 2018-11-20 11:21 am By Christine Caulfield

The Full Federal Court has dismissed a challenge to a ruling that chose one of three shareholder class actions to proceed against GetSwift, saying the court had the power to permanently stay competing cases. But an injunction blocking the losing law firms from communicating with clients was going too far, it said.

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Barry Plant hit with $720,000 fine for duping house hunters with low display prices
Competition & Consumer Protection 2018-11-20 10:47 am By Christine Caulfield

Real estate agency Barry Plant has been hit with a $720,000 fine after admitting it breached the consumer laws by underquoting the likely selling price of 20 properties listed online.

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Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Competition & Consumer Protection 2018-11-19 11:51 pm By Christine Caulfield

Pacific National would not misuse its market power after taking control of an important rail terminal in Brisbane because that would be “irrational”, the Federal Court heard Monday at the start of a two-week trial in the competition watchdog’s case alleging the rail giant colluded with competitor Aurizon to become the dominant operator of key freight corridors.

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Accountant lied to conceal Centaur Ponzi scheme, court hears
Restructuring & Insolvency 2018-11-19 10:02 pm By Miklos Bolza

The accountant and best friend of fraudster Scott Williams “prevaricated and lied” to hide his knowledge of the Centaur Litigation Ponzi scheme that misappropriated $32 million and led to the collapse of the litigation funder, a court has heard.

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