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Fitch expert challenged in investor class action over toxic CDOs
Class Actions 2018-11-23 5:37 pm By Miklos Bolza

An expert witness in an investor class action against Fitch Ratings over toxic financial products is no expert at all, the lead applicant told the court in contesting the admissibility of the expert’s evidence.

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ACCC dragging its feet with Captain Cook case, court hears
Competition & Consumer Protection 2018-11-23 3:11 pm By Miklos Bolza

Vocational education provider Captain Cook College has panned the ACCC for delaying its recently filed case against the college by failing to prepare a statement of claim, despite already publicising the proceedings.

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Law firm calls for scrutiny of short sellers in class actions
Class Actions 2018-11-23 2:50 pm By Christine Caulfield

A leading law firm has called for a closer look at the increasing involvement of short sellers in shareholder class actions, saying any review that flows from the current inquiry should examine whether short sellers should be allowed to join the legal proceedings.

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Reckitt wants answers from AFT about Maxigesic ads
Competition & Consumer Protection 2018-11-22 8:22 pm By Miklos Bolza

Consumer goods giant Reckitt Benckiser is seeking more information after advertisements for rival AFT Pharmaceuticals’ Maxigesic painkiller were found in-store and online despite the court ordering the removal of the misleading displays earlier this month.

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Funder in Dick Smith class action won’t guarantee lower commission amid delays
Class Actions 2018-11-22 4:53 pm By Miklos Bolza

Litigation funder Investor Claim Partner won’t promise it will maintain a lower commission rate in one of the Dick Smith class actions if mediation is delayed to next year.

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Ben Roberts-Smith accuser fears for safety in defamation trial
Defamation 2018-11-22 4:35 pm By Miklos Bolza

A key prospective witness in the Ben Roberts-Smith defamation case who has accused the war hero of domestic violence has described “genuine fears” for her mental and physical health if her identity were made public.

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Telstra contractor faces ‘sham’ contracting class action by 4,000 technicians
Employment 2018-11-22 2:07 pm By Christine Caulfield

In what could be the largest employment class action ever brought, Telstra contractor Tandem Corp has been accused of unlawfully designating thousands of telecommunications technicians as independent contractors, avoiding overtime, leave and other benefits to the workers. The “sham” contracting class action, filed Wednesday by Shine Lawyers in the Federal Court, alleges Tandem, formerly ISG…

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What you need to know about the GetSwift ruling
Analysis 2018-11-21 11:55 pm By Christine Caulfield

The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.

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Law firms avoid courtroom showdown with novel CBA class actions deal
Class Actions 2018-11-21 11:36 pm By Cat Fredenburgh

Maurice Blackburn and Phi Finney McDonald have sidestepped a competing class action battle in the high-stakes litigation against Commonwealth Bank of Australia over alleged breaches of money laundering laws, with the firms proposing to jointly lead a consolidated class action against the bank.

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Breakaway law firm loses copyright spat over Kaden Boriss name
Intellectual Property 2018-11-21 9:44 pm By Miklos Bolza

Two founders of the Kaden Boriss international network of law firms have had a copyright case over the company’s name and logo thrown out, after a heated spat between partners led to the break-off of the group’s Sydney office.

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