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Pitcher Partners appeals $5.6M damages award over concealed accounting error
Competition & Consumer Protection 2019-02-05 2:16 pm By Christine Caulfield

Accounting firm Pitcher Partners will challenge a ruling that it owes a NSW bus operator $5.6 million in damages for fraudulently concealing a costly amortisation error.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Appeals 2019-02-04 8:39 pm By Miklos Bolza

An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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Deloitte continues fight to keep Hastie files secret after claiming partner made off with them
Class Actions 2019-02-04 7:56 pm By Christine Caulfield

Deloitte is challenging a judge’s ruling that certain partners not be excused from an order to produce files of the accounting giant’s audit work for Hastie Group to shareholders in a class action over the construction company’s collapse, its latest move after a failed attempt to persuade the judge that a rogue partner had taken the only copies of the files and refused to give them back.

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Barristers suing DLA Piper over $370,000 in fees did not do all the work, court told
Business of Law 2019-02-04 11:21 am By Christine Caulfield

Two barristers suing DLA Piper over $370,000 in fees did not perform all the work for which they billed the law firm, a court heard Monday.

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Boutique firm Phi Finney McDonald ’eminently qualified’ to run BHP class action, experts say
Analysis 2019-02-01 11:19 pm By Christine Caulfield

Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge’s ruling to choose the “less experienced” firm to lead a shareholder class action against BHP Billiton.

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Judge slams ‘extremely unhelpful’ Qantas defence in underpayment case
Employment 2019-02-01 11:17 pm By Miklos Bolza

A judge has taken Qantas to task over its defence in a Fair Work case brought by the Australian Licenced Aircraft Engineers Association union over alleged underpayments to LA-based mechanics, calling the document “extremely unhelpful”.  

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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Analysis 2019-02-01 11:16 pm By Christine Caulfield

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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Class fights to use settlement evidence in Ethicon pelvic mesh case
Class Actions 2019-02-01 11:00 pm By Miklos Bolza

A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker’s class closure application.

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Ceramiche Caesar appeals honest concurrent use trade mark ruling
Intellectual Property 2019-02-01 10:27 pm By Cat Fredenburgh

Ceramic tile maker Ceramiche Caesar has appealed a judge’s decision allowing building products maker Caesarstone to register two trade marks that are deceptive similarity to one of its marks, with the judge finding Caesarstone had shown honest concurrent use of the marks.

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Maurice Blackburn slings mud at ‘less experienced’ firm in BHP class action battle
Class Actions 2019-02-01 5:12 pm By Cat Fredenburgh

Maurice Blackburn has criticised a judge’s decision to award carriage of a massive shareholder class action against BHP over the fatal collapse of a dam at its Brazilian mine to “less experienced” firm Phi Finney McDonald, lodging what is now the second high-stakes challenge to a ruling permanently staying a competing class action.

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