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Successful discrimination suit against fintechs could shift ‘debanking’ trend
Financial Services 2024-05-30 11:54 pm By Andy Sidler

A Melbourne sex worker has discontinued his discrimination claim against two financial service providers that denied him an EFTPOS machine, on the proviso that the companies will not refuse services to customers engaged in lawful sex work.Ā 

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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firmā€™s experience in a similar case against Toyota, an appeals court has said in its reasons.Ā 

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Suit accusing Netflix of axing employee on maternity leave sent to mediation
Employment 2024-05-24 11:26 pm By Cat Fredenburgh

A lawsuit accusing Netflix of violating the Fair Work Act by making an employee’s position redundant while she was on parental leave has been sent to mediation.

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FWC’s ‘harsh’ comment about Mantle Group gave rise to appearance of bias, High Court told
Employment 2024-05-22 11:01 pm By Cat Fredenburgh

Hospitality giant Mantle Group has asked the High Court to find a statement by a full bench of the Fair Work Commission accusing it of acting “extraordinarily and contumaciously” during a dispute about a ‘sham’ enterprise agreement gave rise to an appearance of bias.

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Lawyers no fans of ‘fractured’ approach to continuous disclosure laws
Class Actions 2024-05-17 11:23 pm By Christine Caulfield

What’s good for the goose is good for the gander, lawyers have said in attacking a report to Parliament that recommends abolishing amendments adding a fault element to the continuous disclosure regime for ASIC cases but requiring shareholders to clear the higher bar in class actions.

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case.Ā 

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High Court asked to resolve appellate court split on class closure
High Court 2024-05-15 11:22 pm By Cindy Cameronne

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue ā€œcan only be resolved by the High Courtā€.

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Litigation funder hits pay dirt with taxi driver class actions against Uber
Class Actions 2024-05-13 11:30 pm By Christine Caulfield

The funder behind two class actions against Uber, which have settled for $272 million, stands to make a tidy sum if the settlement holds up at a court approval hearing.

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Failed cases against CBA won’t be final word on shareholder class actions
Analysis 2024-05-10 11:55 pm By Cat Fredenburgh

The score in shareholder class actions taken to trial now stands at a dismal 0-5 after a judge tossed class actions against the Commonwealth Bank of Australia on Friday. But don’t expect funders to throw in the towel until the High Court or an intermediate appellate authority has its say, experts told Lawyerly.

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Omni Bridgeway to take $2.1M hit from loss in CBA class actions
Class Actions 2024-05-10 11:52 pm By Cat Fredenburgh

Omni Bridgeway will book a smaller-than-expected loss from its investment in failed shareholder class actions against the Commonwealth Bank of Australia that it spent close to $10 million on, having curbed its exposure by selling a stake in the group proceedings.

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