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Funder behind Westconnex class action seeks fourth firm to run case
Class Actions 2024-07-08 11:49 pm By Cindy Cameronne

A funder bankrolling a class action against the NSW government over the construction of Sydney’s $16 billion Westconnex tunnel is locked in a dispute with the lead applicants over $135,000 held in a trust account, and wants to replace the plaintiffs and their solicitors, the third group of lawyers to run the case.

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Silk files new suit against Telstra, this one over email bounce-back
Competition & Consumer Protection 2024-07-08 11:42 pm By Sam Matthews

A senior barrister has filed another suit against Telstra alleging it flags his emails to Bigpond addresses as spam and fails to send them, after suing the telco for allegedly falsely promising he could keep his chambers’ phone numbers when switching to the NBN.

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The West Australian hit with $180,000 defamation judgment over ‘sensationalist’ article
Defamation 2024-07-08 11:19 pm By Sam Matthews

A judge has ordered Seven West-owned publication The West Australian to pay a former public servant $180,000 in damages over an article about an allegation of fraud that had “a sensationalist overtone”.

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Bid to trade mark ‘accredited nutritionist’ hard to swallow, IP Australia tells Dietitians Association
Intellectual Property 2024-07-08 11:31 pm By Cat Fredenburgh

The Dietitians Association of Australia can’t register a logo featuring the words ‘accredited nutritionist’ as a trade mark, with a delegate agreeing with a competing nutritionist group that the association should not have a monopoly over the highly descriptive term.

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Contingency fees for class action lawyers are allowed, says Full Court
Class Actions 2024-07-05 11:05 am By Cindy Cameronne

Lawyers are allowed to take a cut from a class action settlement or judgment under a so-called solicitors’ common fund order, the Full Federal Court has ruled, saying they are a permissive use of the court’s power.

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Solicitors’ CFO ruling to bring more class actions to Federal Court, firms say
Analysis 2024-07-05 11:45 pm By Cindy Cameronne

The Federal Court is set to become a more attractive forum for class actions now that the Full Court has confirmed it has power to make orders granting solicitors a contingency fee from any settlement or judgment in a group proceeding.

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Ashurst, LegalVision sued over Woolworths lease transfer advice
Real Estate 2024-07-05 11:03 pm By Cat Fredenburgh

A unit of petrol store chain EG Australia has sued Ashurst and LegalVision alleging they breached their implied duty of care through advice given to Woolworths about the assignment of a disputed Sydney petrol station lease.

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Class action investigation targets OTR Group’s Smokemart & Giftbox chain
Class Actions 2024-07-05 11:53 pm By Christine Caulfield

OTR Group’s network of Smokemart and Giftbox stores face a potential class action that would allege the chains breached employment laws by depriving workers of breaks during shifts.

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Noni B owner defends ACCC claims, blames COVID-19 for delivery delays
Competition & Consumer Protection 2024-07-05 1:51 pm By Sam Matthews

Fashion retailer Mosaic Brands has denied claims by the consumer cop that it failed to deliver hundreds of thousands of products to customers within advertised time frames, saying the delays were reasonable given COVID-19 and the failures of logistics and delivery partners, including Australia Post. 

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PayPal’s 60-day complaint deadline in small biz contracts unfair, judge says
Fintech 2024-07-05 3:27 pm By Sam Matthews

The corporate regulator has secrued orders barring fintech giant PayPal from enforcing a term in its contracts with small businesses that set a two-month deadline for complaints about excess fees.

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