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Mark Latham’s defamation defence the ‘antithesis of a pleading’, judge says
Defamation 2018-08-30 9:18 pm By Miklos Bolza

A judge on Thursday struck out former Prime Minister Mark Latham’s defence in a defamation case filed against him by the political editor of pop culture site Junkee, calling it an “extraordinary document” and the “antithesis of a pleading”.

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Judge slams ‘uncooperative’ Volkswagen in dieselgate case
Class Actions 2018-08-29 8:32 pm By Miklos Bolza

A Federal Court judge has criticised Volkswagen for being “uncooperative” in refusing to tell the court who authorised the defeat device at the heart of the auto giant’s diesel emissions cheating scandal.

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AMP wins bid to move class actions to state court
Class Actions 2018-08-29 2:24 pm By Christine Caulfield

AMP has prevailed in a hard-fought fight over where it will defend five shareholder class actions brought in the wake of the Banking Royal Commission, in a precedent-setting judgement that provides a road map for future jurisdictional battles over competing class actions.

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CFMMEU can’t view file note by Herbert Smith Freehills lawyer
Employment 2018-08-28 9:19 pm By Cat Fredenburgh

A file note from a Herbert Smith Freehills lawyer is protected by legal professional privilege, a judge has ruled, shooting down a claim by the CFMMEU that the note may have been part of an unlawful scheme to block its merger with two other unions.

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Court won’t hear class action over detained asylum seekers
Class Actions 2018-08-27 11:51 pm By Christine Caulfield

A pro bono class action on behalf of asylum seekers who allege they were unlawfully imprisoned in Australian immigration detention centres has been shut down by the Federal Court, which ruled Monday it had no jurisdiction to hear the proceeding.

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Commonwealth Bank pans class action pleadings as ‘vague penumbra’
Class Actions 2018-08-24 4:32 pm By Miklos Bolza

The Commonwealth Bank of Australia is seeking to strike out portions of a shareholder class action over allegedly lax anti-money laundering and anti-terrorism financing controls it calls a “vague penumbra” that leaves the bank in the dark about the case against it.

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Brambles hit with second shareholder class action
Class Actions 2018-08-14 10:40 pm By Cat Fredenburgh

Chain logistics company Brambles is facing a second class action alleging it breached its continuous disclosure obligations by failing to revise its overly rosy 2017 financial forecast on several occasions.

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AMP slams ‘red herring’ in class action transfer fight
Class Actions 2018-08-14 8:58 pm By Miklos Bolza

Embattled financial giant AMP on Tuesday criticised concerns raised by lawyers for the federal class actions about group members’ opt out rights, saying the concerns were a “red herring” in the fight against an order transferring their cases to the NSW Supreme Court.

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AMP denies class members will hit time bar in state court
Class Actions 2018-08-13 10:24 pm By Christine Caulfield

AMP has slammed arguments that group members in four Federal Court class actions could face a jurisdictional limitation on their claims of disclosure breaches if their cases are transferred to state court, saying no such disadvantage exists.

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AMP shareholders on surer legal footing in Federal Court, judge told
Class Actions 2018-08-10 10:07 pm By Christine Caulfield

The Federal Court offers group members in the shareholder class actions against AMP a major legal advantage over the NSW Supreme Court, lawyers for the federal cases have argued ahead of a hearing in the controversial jurisdictional battle.

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