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Worley prevails in rare judgment dismissing shareholder class action
Class Actions 2020-10-22 10:01 am By Christine Caulfield

A judge has sided with Worley in a ruling tossing a class action after a trial alleged the engineering company misled shareholders and breached disclosure rules by issuing an overly positive earnings guidance of $322 million for the 2014 financial year.

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CBA fined $150,000 for increasing problem gambler’s credit card limit
Financial Services 2020-10-23 5:30 pm By Christine Caulfield

The Commonwealth Bank of Australia has been fined $150,000 after a Federal Court judge found the bank had breached the law by increasing a problem gambler’s credit card limit but that the conduct was “not systematic, deliberate or covert”.

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Clive Palmer’s $21M offer to drop 14 lawsuits rejected by Coolum villa owners as ‘insane’
Class Actions 2020-10-23 3:56 pm By Miklos Bolza

An offer by billionaire Clive Palmer to pay $21 million for all remaining shares in villas at the Palmer Coolum Resort in Queensland and drop 14 lawsuits over resort ownership has been rejected by villa owners.

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Judges unclear about Johnson & Johnson unit’s arguments in pelvic mesh appeal
Appeals 2020-10-23 2:57 pm By Miklos Bolza

A judge due to hear a high profile appeal by Johnson & Johnson unit Ethicon has expressed confusion about the grounds on which the medical device maker is challenging a landmark judgment putting it on the hook for potentially hundreds of million of dollars in damages over faulty pelvic mesh implants.

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Surfstitch class action lawyers accused of breaching duties to shareholders
Class Actions 2020-10-22 10:36 pm By Christine Caulfield

The lawyers behind two class actions against clothing retailer Surfstitch breached their duties to act in the best interests of shareholders, and their conduct should bar them from pocketing more than $6 million claimed in costs and commission in the protracted litigation, a court has heard.

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Ernst & Young can’t rely on privilege against self-incrimination in LM Investment lawsuit
Financial Services 2020-10-22 9:12 pm By Miklos Bolza

A judge has found that auditor Ernst & Young cannot rely on the privilege against self-incrimination in a lawsuit brought over its audits of failed financial services firm LM Investment Management.

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Mayfair’s Mawhinney can’t stop trial prep in ASIC cases
Financial Services 2020-10-22 4:57 pm By Miklos Bolza

James Mawhinney, director of the besieged Mayfair Group, has lost his bid to slow down two proceedings filed by ASIC which he claims will have a “catastrophic” effect on his business, staff and investors.

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‘Aussies Not Gonna Cop It’ birthed in pre-dawn session at bedside, Clive Palmer tells court
Intellectual Property 2020-10-22 3:06 pm By Miklos Bolza

Billionaire Clive Palmer has claimed that he wrote the lyrics to ‘Australia’s Not Gonna Cop It’ in the early hours of the morning while “deep in contemplation” at his bedside, telling the Federal Court that the song was inspired by the Peter Finch film ‘Network’ and not Twisted Sister’s rock anthem.

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ACCC takes Fuji Xerox to court over ‘unfair’ contract terms
Competition & Consumer Protection 2020-10-22 1:45 pm By Cat Fredenburgh

The consumer watchdog has filed court proceedings against Fuji Xerox alleging the Japanese print giant’s standard form contracts with small businesses contain a bevvy of unfair contract terms that could cause them harm.

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Worley ruling the latest setback for shareholder class actions
Analysis 2020-10-23 5:48 pm By Christine Caulfield

A judge’s decision to throw out a shareholder class action against engineering company Worley is a loss for plaintiffs lawyers and could result in fewer listed companies willing to settle cases alleging they breached their disclosure obligations, but the ruling is not likely to have a significant chilling effect on securities litigation.

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