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Combustible cladding defendants may drag engineers, certifiers into class action
Class Actions 2019-07-08 8:36 pm By Amelia Birnie

German-based cladding manufacturer 3A Composites has foreshadowed potential cross claims against third party engineers and certifiers in one of two class actions brought over allegedly dangerous combustible cladding used in countless buildings across Australia.

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APRA had ‘unhinged hatred’ of IOOF exec, court told
Financial Services 2019-07-03 7:49 pm By Amelia Birnie

APRA has been accused of harbouring an “unhinged hatred” for former IOOF managing director Chris Kelaher by his counsel, who was objecting to internal APRA documents he claims were disparaging of the wealth management company and its executives.

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IOOF liability ‘plain as a pike staff’, APRA says at start of trial
Financial Services 2019-07-01 10:47 pm By Amelia Birnie

The prudential regulator has opened the first day of its case against IOOF directors and entities by claiming the wealth manager’s liability is “plain as a pike staff”, as IOOF contends the regulator’s case is “artificial and theoretical” and “overly simplistic”.

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Judge flushes ACCC’s consumer case over Kimberly-Clark wipes
Competition & Consumer Protection 2019-06-28 3:42 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has lost its case alleging Kimberly-Clark made misleading representations about its flushable wipes, with a judge finding the consumer regulator failed to provide sufficient evidence to show the wipes caused harm to sewage systems.

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Incentive-based funding commission dropped in IAG insurance class action
Class Actions 2019-06-28 12:48 pm By Amelia Birnie

The funder backing the IAG add-on insurance class action has agreed to a fixed 25 per cent commission, after the plaintiff copped criticism from a judge for the largely redacted funding agreement which called for lower rates if the case settled by a certain date.

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Special counsel appointed in toxic foam class action
Class Actions 2019-06-28 11:41 am By Cat Fredenburgh

The judge overseeing several class actions over the alleged use of toxic foam at government military bases has appointed a special counsel to hear the Commonwealth’s claims that it should be exempt for producing certain documents due to public interest immunity and legal professional privilege.

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Employees are priority creditors of insolvent trading trustees, High Court rules
Appeals 2019-06-20 9:08 pm By Miklos Bolza

The High Court of Australia has resolved a nearly 40-year old question of whether employees of a failed company established as trustee of a trading trust have priority over ordinary unsecured creditors.

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Teva, Boehringer settle inhaler capsule patent dispute
Intellectual Property 2019-06-19 2:56 pm By Miklos Bolza

Israeli drug giant Teva and German drug maker Boehringer Ingelheim have settled their dispute over a patented capsule used to deliver the medicine in Boehringer’s top-selling inhaler Spiriva.

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Royal commission class actions pile up, with more on the way
Class Actions 2019-06-18 2:56 pm By Christine Caulfield

While no means a flood, the class actions filed in response to the shocking evidence of misbehaviour at last year’s banking royal commission have been steadily flowing and show no signs of drying up. Here, we give you the round-up of cases launched so far, the latest developments in each, and what’s coming down the pipeline.

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Judge has ‘real misgivings’ about security for costs bid in casual worker class actions
Class Actions 2019-06-17 10:08 pm By Miklos Bolza

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

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