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Westpac class action funder agrees to net commission
Class Actions 2018-09-28 4:40 pm By Cat Fredenburgh

The funder underwriting a class action against Westpac will take a 25 percent cut of the net — not gross — recovery sum to secure a judge’s approval of a common fund order in the case. 

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Delay in publishing IP judgment creates ‘unsatisfactory state of affairs’, judge says
Intellectual Property 2018-09-27 11:14 pm By Cat Fredenburgh

A Melbourne computer retailer that plans to appeal a $2.8 million fine for allegedly violating Microsoft’s Windows 7 IP has won a stay of the court’s order, with a judge finding the court’s delay in publishing reasons for judgment created an “unsatisfactory state of affairs”.

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AGM denied anti-suit injunction to block ASIC case
Financial Services 2018-09-27 9:41 pm By Cat Fredenburgh

A judge has shot down a request by financial services company AGM that the court halt an ASIC  proceeding seeking to revoke its financial services licence while a Federal Court case against it progresses.

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Co. director stung by landmark privilege ruling can’t delay trial
Corporate 2018-09-26 9:38 pm By Christine Caulfield

A company director who was on the losing end of a precedent-setting legal privilege ruling, along with law firm Macpherson Kelley, has lost a bid to halt the start of a trial over a failed joint venture while she searches for funding for new lawyers.

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Law firms won’t challenge AMP class action ruling
Class Actions 2018-09-26 1:11 pm By Christine Caulfield

A landmark ruling that transferred four competing federal class actions against AMP to state court will stand, with the law firms behind the cases opting out of a fight in the High Court.

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Rio Tinto unit can keep $86M owed to Forge Group in set-off win
Restructuring & Insolvency 2018-09-24 4:31 pm By Miklos Bolza

A unit of Rio Tinto has won an appeal allowing it to avoid an $86 million payment owed to failed mining services company Forge Group Power.

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IVF law discriminates against married woman with estranged husband, judge finds
Healthcare 2018-09-22 3:32 pm By Christine Caulfield

A Victorian woman can undergo IVF treatment using donor sperm without the consent of her estranged husband, the Federal Court has ruled, finding a state law that forced her to get the OK from her spouse breached federal discrimination laws.

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Settlement talks can’t be admitted as evidence in Cargill, Viterra trial
Trials 2018-09-21 4:00 pm By Cat Fredenburgh

A judge in the high-stakes trial over the $420 million sale of Viterra’s Joe White malt business to Cargill has denied Cargill’s request to have settlement talks admitted as evidence, shooting down the agricultural giant’s argument that the talks were needed to challenge Glencore in-house counsel’s assertion that he is of good character and will not breach a confidentiality agreement.

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Senator looks to shut down Hanson-Young defamation case
Defamation 2018-09-20 8:19 pm By Miklos Bolza

Senator David Leyonhjelm wants the Federal Court to toss a defamation lawsuit filed by Senator Sarah Hanson-Young, saying the court is barred from hearing the case due to parliamentary privilege

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Union in UAE Exchange suit scolded for ‘throwing case into chaos’
Employment 2018-09-20 7:44 pm By Miklos Bolza

A landmark trial brought by the Financial Sector Union of Australia against UAE Exchange Australia has been vacated after a judge accused the union of “throwing the case into chaos” with a belated expert report.

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