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Class action giants to play nice in Brambles class actions
Class Actions 2019-01-24 12:56 pm By Christine Caulfield

Responding to a judge’s criticism of the class action “beauty parade”, two rival law firms have come up with a plan to deal with their competing shareholder class actions against Brambles.

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Merivale faces potential employment class action alleging ‘systemic underpayments’
Employment 2019-01-23 4:44 pm By Christine Caulfield

Sydney hospitality giant Merivale is facing a potential class action after the Fair Work Commission terminated an expired enterprise agreement, which had its army of staff on salaries well below the industry award rate.

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Amazon had no obligation to use GetSwift’s services, class action claims
Class Actions 2019-01-21 10:48 pm By Cat Fredenburgh

GetSwift failed to disclose to investors that under an agreement announced with Amazon, the e-commerce giant had no obligation to use the logistics provider for any of its deliveries, according to new court documents filed in the shareholder class action against GetSwift and its founders.

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Judge tosses Cash Converters’ ‘singular’ bid for recusal from settlement hearing
Class Actions 2019-01-18 10:41 pm By Christine Caulfield

A judge has shot down a bid by Cash Converters to recuse himself from hearing arguments for a $16.4 million class action settlement, saying his advice while still a barrister to the law firm running the proceedings did not give rise to apprehended bias.

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Law firm wants to shut down class action over excessive fees
Class Actions 2019-01-18 12:58 pm By Miklos Bolza

A Queensland law firm says litigation launched by a former client alleging she and other clients were charged excessive fees should not be run as a class action.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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NAB says customers could decide if credit card insurance was ‘worthless’
Financial Services 2019-01-16 12:01 pm By Miklos Bolza

National Australia Bank has rejected a class action’s claims that it pushed worthless credit card insurance onto its customers, saying it was up to the customers to determine the true value of the coverage.

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Opal Tower ‘structurally sound’ but flaws found in design, construction, report says
Construction 2019-01-15 10:40 pm By Cat Fredenburgh

The cracks that led to the evacuation of Sydney’s Opal Tower and threats of litigation have been blamed on design and construction issues, but the building is structurally sound and not in danger of collapse, according to an interim report commissioned by the NSW Government.

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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Competition & Consumer Protection 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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The cases facing the Big Four banks in 2019
Feature 2019-01-14 11:47 pm By Christine Caulfield

Australia’s four biggest lenders had an expensive year in court last year, but with cases spilling over into the new year and the fallout from the Royal Commission expected to see a litigation blitz by regulators and class action lawyers, much more is in store for the banks in 2019. Here, Lawyerly takes a look at the court cases facing ANZ Banking Group, Commonwealth Bank of Australia, National Australia Bank and Westpac Banking Corp so far this year.

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