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Judge refuses to vacate trial in shareholder class action against Whitehaven Coal
Class Actions 2024-08-16 11:06 pm By Andy Sidler

Trial in a five-year-old class action against Whitehaven Coal will proceed without further delay despite the plaintiff’s late bid to tender an expert report, with a judge finding no extraordinary reason to push off the hearing date any longer.

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Class action against Fogo Brasilia, law firm faces fight over security after funder pulls out
Class Actions 2024-08-16 1:29 pm By Cindy Cameronne

A class action against restaurant chain Fogo Brasilia and its law firm alleging franchisees were misled about the profitability of their businesses could be shut down, with the lead plaintiff unable to pay security for costs after the funder pulled out, a court has heard.

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Ex-Demons chairman can re-file defamation case against senior club officials
Defamation 2024-08-16 1:38 pm By Andy Sidler

Former Melbourne Demons chairman Glen Bartlett has been given the green light to relaunch a defamation case against the AFL club’s president and other senior officials after discontinuing proceedings that were transferred from his home state of Western Australia to Victoria.

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Former ACCC employee was not forced to resign over grievances, FWC says
Employment 2024-08-16 11:28 pm By Andy Sidler

The Fair Work Commission has rejected a former Australian Competition and Consumer Commission employee’s unfair dismissal case, finding his argument that he resigned after the regulator repudiated his contract “disingenuous”.

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Babcock & Brown liquidator wants to knock out fifth shareholder suit
Restructuring & Insolvency 2024-08-16 2:08 pm By Sam Matthews

The liquidator of failed global financial services firm Babcock & Brown is seeking to permanently stay a shareholder suit it says is an abuse of process, nearly five years after three other cases against the liquidator were thrown out.

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Isuzu taken to court in latest emissions cheating class action
Class Actions 2024-08-15 11:29 pm By Cindy Cameronne

Isuzu is the latest car maker to be stung with a class action for allegedly using defeat devices to cheat on emissions tests, and many more car makers may find themselves in the crosshairs over the “common practice”.

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PR firm published ‘evil’ image to hurt United Petroleum in class action, suit claims
Intellectual Property 2024-08-15 11:45 pm By Cat Fredenburgh

The PR firm for a franchisee class action against United Petroleum has been sued for allegedly distributing an image to group members that depicted the petrol giant as “evil” and was allegedly intended to harm its position in the class action.

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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Trader alleges bullying, death threats in unfair dismissal case against CMC Markets
Employment 2024-08-15 2:39 pm By Cindy Cameronne

A Sydney trader has brought an unfair dismissal case against CMC Markets, alleging his manager threatened his job and life after he complained about a shortfall in bonuses totalling more than $500,000.

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