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The class action reform proposals experts can’t swallow
Analysis 2019-01-25 11:33 pm By Christine Caulfield

Lawyerly spoke to ten class action experts on the release of the Australian Law Reform Commission’s highly anticipated report into the class action regime. While many of the ALRC’s proposals were expected — and welcomed as sensible — others were greeted with concern and skepticism. Here, we look at the most controversial of the 24 recommendations.

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Class action report by ALRC recommends sweeping changes
Class Actions 2019-01-25 10:18 am By Christine Caulfield

Law firms would be able to charge contingency fees and the corporate disclosure obligations would go under the microscope as part of a shake-up of the class action regime recommended by the Australian Law Reform Commission.

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Ford to face unconscionable conduct claim at marathon PowerShift trial
Class Actions 2019-01-24 3:16 pm By Miklos Bolza

Car giant Ford will face a claim of unconsionable conduct in a trial of a class action over its defective PowerShift transmission that is now scheduled to run twice as long as originally thought, but claims on behalf of second-hand Ford vehicle owners are out.

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Judge rules cattle gene patent can be amended, tosses ‘bizarre’ challenge
Intellectual Property 2019-01-23 9:26 pm By Miklos Bolza

US company Branhaven has won leave to amend its cow genome patent after a judge dismissed opposition by industry bodies Meat & Livestock Australia and Dairy Australia as “flimsy” and “bizarre”.

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Amazon had no obligation to use GetSwift’s services, class action claims
Class Actions 2019-01-21 10:48 pm By Cat Fredenburgh

GetSwift failed to disclose to investors that under an agreement announced with Amazon, the e-commerce giant had no obligation to use the logistics provider for any of its deliveries, according to new court documents filed in the shareholder class action against GetSwift and its founders.

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Hugo Boss, Tommy Hilfiger, Lacoste sue Sydney boutique over knockoffs
Intellectual Property 2019-01-21 3:16 pm By Miklos Bolza

Three global fashion giants are suing a Sydney-based boutique for allegedly importing and selling knockoff versions of their clothing.

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ASIC asks High Court to clarify meaning of ‘officer’
Corporate 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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Opal Tower ‘structurally sound’ but flaws found in design, construction, report says
Construction 2019-01-15 10:40 pm By Cat Fredenburgh

The cracks that led to the evacuation of Sydney’s Opal Tower and threats of litigation have been blamed on design and construction issues, but the building is structurally sound and not in danger of collapse, according to an interim report commissioned by the NSW Government.

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Judge orders Rinehart family feud into arbitration
Energy & Natural Resources 2019-01-14 8:40 pm By Miklos Bolza

The Supreme Court of Western Australia has stayed counterclaims by Bianca Rinehart and John Hancock and sent a long-running Rinehart family dispute over control of valuable mining assets such as the Hope Downs iron ore mine into arbitration.

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Top 10 class action settlements of 2018
Exclusive 2019-01-11 11:29 pm By Cat Fredenburgh

From a record-setting funder’s cut to the first call for ‘“proportionality”, last year saw a number of groundbreaking judgments approving class action settlements worth more than half a billion dollars. Here are the 10 biggest settlements of 2018, and the law firms and funders that negotiated them.  

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