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High Court to resolve uncertainty over common fund orders
Class Actions 2024-11-08 9:31 am By Cat Fredenburgh

The High Court has agreed to rule on whether common fund orders can ever be made in class actions, including so-called solicitors’ common fund orders allowing lawyers to earn a cut of any settlement.

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ATO, PepsiCo fight over royalty withholding tax goes to High Court
Tax 2024-11-08 11:06 pm By Cat Fredenburgh

The ATO has won the nod from the High Court to appeal a finding that a royalty withholding tax did not apply to payments from Schweppes to PepsiCo under agreements to sell brands like Pepsi and Gatorade in Australia.

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Banksia class action silk pushes off court appearance again
White Collar 2024-11-08 11:58 pm By Sam Matthews

Former top silk Norman O’Bryan, who is facing criminal charges for his role in the notorious Banksia Securities class action, has secured a second adjournment of his case.

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Judge mulls CFO to cut Mayne class action funder’s commission
Class Actions 2024-11-08 11:48 pm By Andy Sidler

A commission baked into a funding agreement in a class action against Mayne Pharma is under threat, with a judge mulling an order off his own bat to cut the rate. 

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BHP says shareholders can’t expand class action because of ‘drafting error’
Class Actions 2024-11-08 11:12 pm By Cindy Cameronne

BHP has told an appeals court a shareholder class action should not be allowed to expand the group definition to correct an alleged drafting error.

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Australian Clinical Labs flags strike-out bid in OAIC data breach case
Privacy & Cybersecurity 2024-11-08 11:57 pm By Sam Matthews

Australian Clinical Labs may seek to strike out part of the OAIC’s case over a 2022 data breach, arguing it would unfairly allow the watchdog to allege both single and multiple contraventions of privacy law.

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ACCC takes Magnamail to court for misleading prize promotions
Competition & Consumer Protection 2024-11-08 4:26 pm By Julia Kanapathippillai

Court action by the ACCC alleges mail order company Magnamail made misleading statements to hundreds of thousands of people about prizes they weren’t eligible to win.

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Ex-boss of AI marketing company Metigy charged with misleading investors
White Collar 2024-11-08 11:43 pm By Cat Fredenburgh

The former CEO of failed AI marketing start-up Metigy has been charged with providing false statements to investors and misusing his position as a director following an investigation by the corporate regulator.

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‘Influx’ of consumer class actions likely after High Court’s Toyota decision, lawyer says
Analysis 2024-11-07 11:01 pm By Cindy Cameronne

Landmark High Court decisions in class actions against Toyota and Ford on how damages should be calculated for defective vehicles will spark more consumer class actions, a plaintiff lawyer told Lawyerly.

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‘Eye-watering’ legal costs in NT stolen wages class action: judge
Class Actions 2024-11-07 11:37 pm By Andy Sidler

Shine Lawyers wants to claim $24.5 million in legal costs in a stolen wages class action on behalf of Northern Territory First Nations people, a sum a judge called “eye watering”.

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