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NAB reaches $49.5M settlement in ‘junk’ insurance class action
Class Actions 2019-11-20 4:51 pm By Miklos Bolza

The National Australia Bank and insurer MLC have agreed to pay $49.5 million to settle a class action over allegedly worthless credit card insurance.

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Sobering moment: D’Aquino Bros barred from labeling booze as Scotch
Intellectual Property 2019-11-19 11:22 pm By Cat Fredenburgh

Australian liquor retailer D’Aquino Bros has settled a trade mark infringement lawsuit brought by the UK’s Scotch Whisky Association, after agreeing to injunctions barring it from peddling its brew as Scotch.

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Multiplex wants Hastie liquidators to pay up for betting on set-off limitation
Restructuring & Insolvency 2019-11-15 10:33 pm By Christine Caulfield

Multiplex is calling for the liquidators of collapsed engineering services group Hastie to pay its costs, and pay now, for pursuing an action to recover millions of dollars in unpaid bills on the grounds that the construction company was not entitled to offset its debts with amounts owing.

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Key insight into claim on Warranty & Indemnity insurance
Expert Insights 2019-11-14 9:35 pm By Christine Caulfield

The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity policy is entitled to indemnity from an insurer when it relied on income and liability warranties in a share sale agreement and those warranties were breached, a case that provides welcome guidance on the contractual interpretation of W&I policies, writes Justin McDonnell and Rebecca LeBherz of King & Wood Mallesons.

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Funder appeals ruling over security in Fair Work class actions
Employment 2019-11-12 10:44 pm By Christine Caulfield

Litigation funder Augusta Ventures has brought its promised appeal of a groundbreaking ruling that put it on the hook for paying security for costs in an employment class action over the classification of casual mine workers.

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Banks can grill ACCC investigators, JPMorgan in ANZ criminal cartel case
Competition & Consumer Protection 2019-11-08 3:35 pm By Miklos Bolza

The banks and executives at the centre of a landmark criminal cartel case can question four ACCC investigators and witnesses from JP Morgan at an upcoming committal hearing, with a magistrate saying Friday there were “substantial reasons in the interests of justice” to allow the cross-examination.

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Judge shoots down objections to Mossgreen liquidators’ payday
Restructuring & Insolvency 2019-11-06 5:34 pm By Christine Caulfield

The administrators and liquidators of failed auction house Mossgreen have had their $646,000 in fees approved over the objections of creditors, with a judge saying they were entitled to the remuneration after recovering more than $2 million in assets.

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Future personal injury claims may be barred in PFAS class actions, court warns
Australian Government Solicitor 2019-11-01 10:14 pm By Miklos Bolza

A Federal Court judge has expressed concerns about whether group members in three class actions against the Commonwealth over allegedly toxic firefighting foam will be blocked from pursuing personal injury claims related to the chemical.

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CSIRO scientist hit on backside with riding crop was not sexually harassed, judge says
Employment 2019-10-31 5:38 pm By Miklos Bolza

A scientist alleging she was fired from the CSIRO for filing sex discrimination and sexual harassment complaints has had the majority of her lawsuit against the government body dismissed, with the court finding she fabricated evidence and that an incident in which she was slapped on the backside with a riding crop by her supervisor and told to “get back to work” did not amount to sexual harassment.

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Westpac lending class action gets makeover after ASIC loss
Financial Services 2019-10-30 4:07 pm By Christine Caulfield

A class action accusing Westpac of issuing unsuitable home loans is pushing forward with overhauled pleadings after the corporate watchdog lost a related regulatory action, and the class now says it was enough that the bank failed to account for borrowers’ so-called essential expenses.

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