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ASIC seeks $40M penalty against NAB over inadequate fee disclosures
Financial Services 2021-06-17 3:06 pm By Christine Caulfield

National Australia Bank has admitted in court it broke the law by charging fees it was not entitled to collect, but the bank and the corporate regulator are $25 million apart on what is an appropriate penalty.

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Full Court should decide whether Qld energy class action is managed investment scheme, court told
Class Actions 2021-08-02 3:02 pm By Cat Fredenburgh

The Full Court should determine whether a class action accusing two state-owned energy generators of gaming Queensland’s energy pricing system needs to comply with regulations requiring litigation funders to register class actions as managed investment schemes, a court has been told.

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Qantas loses TWU’s challenge to ground staff outsourcing move
Employment 2021-07-30 12:04 pm By Cindy Cameronne

Qantas has lost a case brought by the Transport Workers Union that challenged the airlineā€™s decision to axe 2,000 staff and replace them with ā€œinsecureā€ labour hire workers, with a judge finding Qantas boss Andrew David outsourced ground operations partly to prevent employees engaging in industrial action.

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First ruling on class action firm’s contingency fee bid imminent, judge says
Class Actions 2021-08-03 3:32 pm By Cindy Cameronne

A landmark ruling on a bid for a contingency fee in a class action is close, a judge said Tuesday as she heard argument in a class action against Treasury Wine Estates on whether an opt out notice should be sent to shareholders ahead of a group costs order.

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‘The only viable path back to normal’: Law firms make push to vaccinate staff
COVID-19 2021-07-27 5:41 pm By Bianca Hrovat

While employers cannot force employees to get a COVID-19 vaccine, law firms are launching campaigns to encourage staff to sign up for the jab.

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‘Pretty unimpressed’: Judge reluctantly puts JLT class action on hold
Class Actions 2021-07-26 10:58 pm By Cindy Cameronne

A judge has put off next month’s trial in one of two class actions brought by local councils against insurance JLT Risk Solutions over allegedly excessive premiums, but said the adjournment application would likely have failed if either side had put up a fight.

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CBA class action applicant can’t share in group members’ privilege, court finds
Class Actions 2021-07-27 6:10 pm By Miklos Bolza

The lead applicant in a class action against CBA does not have the right to view fund management documents relevant to the case despite representing group members who share joint privilege with the bank over material, a judge has said, acknowledging the decision could create difficulties in class action proceedings.

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Seven launches courtroom battle to save ‘7Now’ trade mark
Intellectual Property 2021-07-23 1:58 pm By Cat Fredenburgh

Seven Network has filed Federal Court proceedings after convenience store chain 7-Eleven succeeded in having its ‘7NOW’ trade mark removed for non-use.

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Judge lets two Boral class actions run, but warns about potential lawyer conflicts
Class Actions 2021-07-21 11:59 pm By Cat Fredenburgh

A judge has denied a law firm’s bid to stay a rival’s closed shareholder class action against construction giant Boral but warned courts must be alive to the potential for conflicts where lawyers stand to reap “very significant financial awards” from class action proceedings.

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Law firms resolve multiplicity issue in Boston Scientific pelvic mesh class actions
Class Actions 2021-07-20 5:23 pm By Miklos Bolza

A Sydney law firm that brought a class action against Boston Scientific over allegedly defective pelvic mesh products has agreed to stay its case while a class action by Shine Lawyers moves ahead.

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