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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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Judge allows expanded insurance class action against NAB
Class Actions 2019-06-13 3:07 pm By Christine Caulfield

A judge has granted a bid by the applicant in a class action against National Australia Bank over the sale of allegedly worthless credit card insurance to include customers who took out personal loan insurance, in a ruling that could significantly expand the case.

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NAB may face beefed up class action over ‘worthless’ insurance
Class Actions 2019-06-12 3:55 pm By Cat Fredenburgh

Slater and Gordon is looking to significantly expand its class action against National Australia Bank over the sale of “worthless” credit card insurance to include personal loan customers who were sold allegedly unsuitable insurance policies.

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IOOF execs slam APRA for last-minute discovery as trial looms
Financial Services 2019-06-06 7:47 pm By Amelia Birnie

Former executives of wealth manager IOOF facing disqualification proceedings by the Australian Prudential Regulation Authority have criticised the prudential regulator for a late and extensive discovery request, saying it could “imperil” the July trial date.

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