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Uber class actions win orders barring unregistered group members from settlement
Class Actions 2023-07-24 5:30 pm By Christine Caulfield

Uber and the applicants in class actions against the car service will head into mediation later this year, and only group members who sign up to join the cases will get a chance to share in the proceeds of any settlement that results from the talks.

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Fairfax wants Seven, Herbert Smith Freehills emails in Ben Roberts-Smith case
Defamation 2023-07-21 2:11 pm By Cindy Cameronne

Seven Network and law firms Herbert Smith Freehills and Addisons are fighting Fairfax’s bid for communications relating to Ben Roberts-Smith’s unsuccessful defamation case, as the publisher seeks its significant defence costs. 

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Judge orders ‘soft’ class closure in flex commissions class actions
Class Actions 2023-07-21 10:53 pm By Cindy Cameronne

Westpac, Macquarie and ANZ have won soft class closure orders ahead of mediation in three class actions over flexible commissions schemes after a judge found they will improve the chances of settlement.  In a judgment handed down on Thursday, Victoria Supreme Court Justice Lisa Nichols ordered that group members have to formally register in the…

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Colonial First State settles super class action for $100M
Class Actions 2023-07-14 1:21 pm By Christine Caulfield

Wealth manager Colonial First State Investments has agreed to pay $100 million to resolve a consumer class action alleging it charged excessive fees on superannuation accounts, in one of the biggest class action settlements of the year so far.

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BHP unit brings High Court challenge over Christmas Day work
Appeals 2023-07-12 4:25 pm By Cindy Cameronne

BHP in-house labour hire provider Operations Services has filed for special leave to appeal to the High Court a finding that it unlawfully required its coal miners to work on Christmas Day and Boxing Day.

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Nuix’s discovery bill questioned in legal costs fight with former CEO
Employment 2023-07-12 3:41 pm By Gareth Baker

A court has queried Nuix’s claim for $500,000 in discovery expenses in an unsuccessful suit by former CEO Edward Sheehy over share options, and has said the legal bill of Sheehy would be taken into account in calculating Nuix’s costs.

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Hytera appeals ruling it stole Motorola’s code, copied computer programs
Intellectual Property 2023-07-10 5:36 pm By Christine Caulfield

Chinese radio manufacturer Hytera has launched an appeal of a ruling that it misappropriated the source code of US mobile phone giant Motorola in a case of “substantial industrial theft”.

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Beach Energy says it had reasonable grounds for oil forecasts at centre of class action
Energy & Natural Resources 2023-07-07 3:40 pm By Cindy Cameronne

Beach Energy has struck back at a shareholder class action over alleged misleading earnings projections for its oil and gas reserves in the Cooper Basin, saying it had reasonable grounds for its rosy predictions for production.

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‘More is more’ approach to pleadings an increasing problem, lawyers say
Analysis 2023-07-05 11:28 pm By Cindy Cameronne

A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.

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HSF, Seven can’t set aside Nine’s subpoenas in Ben Roberts-Smith case
Defamation 2023-07-05 11:42 pm By Sam Matthews

Seven and law firm Herbert Smith Freehills have lost a bid to set aside subpoenas issued by Fairfax, as the publisher seeks third party costs orders against Seven for funding disgraced soldier Ben Roberts-Smith’s unsuccessful defamation case.

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