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Judge ‘horrified’ at ATO involvement in distributing superannuation class action settlements
Class Actions 2023-04-05 12:52 pm By Cindy Cameronne

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

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Star execs deny duty to ensure casino operator complied with law
Gaming 2023-03-30 5:08 pm By Sam Matthews

Eleven current and former Star Entertainment executives have refuted ASIC’s claims that they breached their duties in relation to the casino operator’s lax money laundering compliance, with all but two denying they had a duty to ensure the company complied with its legal obligations.

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Insurers score win in court battle over $695M Pacific Highway project
Insurance 2023-03-28 3:45 pm By Sam Matthews

The Full Court has found that a policy exclusion applies in a dispute between Acciona Infrastructure and Ferrovial Construction and three insurers over coverage for loss and damage caused by heavy rainfall during the construction of the $695 million Pacific Highway in northern New South Wales.

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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Class Actions 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Former ANZ unit says ASIC should ask bank for info in fees for no service case
Financial Services 2023-03-21 8:20 pm By Cindy Cameronne

A judge has rejected arguments by superannuation trustee OnePath Custodians that the corporate regulator must look to former parent company ANZ for evidence in its fees for no service case.

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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Intellectual Property 2023-03-15 3:08 pm By Christine Caulfield

The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.

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MACH Energy hits back at Tinkler’s fraud case, mounts strike-out bid
Energy & Natural Resources 2023-03-14 5:27 pm By Cindy Cameronne

MACH Energy has hit back at a lawsuit by mining executive Nathan Tinkler’s companies that alleges a former general manager misused confidential information to help MACH buy the lucrative Mount Pleasant coal mine.

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Ex-Nuix CEO appeals loss in $180M case over options agreement
Appeals 2023-03-08 3:07 pm By Cat Fredenburgh

Former Nuix CEO Edward Sheehy is challenging his loss in a lawsuit claiming he’s owed $183 million in options under a 2008 agreement with the technology company.

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The top litigation law firms of 2022
Litigation Law Firms of the Year 2023-03-03 6:35 am By Cat Fredenburgh

Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.

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Firm’s contingency fee re-do wins over judge in class actions against banks
Class Actions 2023-03-03 5:50 pm By Cindy Cameronne

A law firm has won its second bid for a group costs order in three class actions against banks over flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.

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