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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions 2018-11-16 11:23 pm By Cat Fredenburgh

A judge has rejected a bid by the applicants in two shareholder class actions against online fashion retailer Surfstitch to push forward with a proposed settlement of the cases without an opt-out notice to group members.

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Axed HWL special counsel says he was entitled to continued work
Employment 2018-11-16 10:28 pm By Cat Fredenburgh

A special counsel that was sacked from HWL Ebsworth after writing an article that was critical of the government’s treatment of veterans, is seeking to amend his pleadings to add claims that he was entitled to continued work under his employment contract with the firm.

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Motorola to bring copyright claims against Hytera
Intellectual Property 2018-11-16 9:56 pm By Miklos Bolza

Motorola Solutions wants to amend its pleadings in an ongoing patent case against Shenzen-based Hytera Communications to add copyright claims relating to the source code for the radio devices at the centre of the dispute.

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Blockbuster defeated again in fight with husband and wife franchisee
Franchises 2018-11-14 9:54 pm By Christine Caulfield

Blockbuster has lost another round in its case against a husband and wife franchisee that sold a store’s assets to a competitor, with a court ruling the company could not sock the pair with the costs of its failed appeal.

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Accountants for collapsed Centaur Litigation can’t amend defence
Restructuring & Insolvency 2018-11-14 4:12 pm By Christine Caulfield

The accountants for fraudster Scott Williams, the man behind the multi-million dollar Ponzi scheme Centaur Litigation, lost a bid to amend their defence to limit their liability in a $32 million case brought by liquidators of the failed funder.

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Wind farm co. settles class action over bushfire caused by electrocuted crow
Class Actions 2018-11-14 3:22 pm By Cat Fredenburgh

Renewable energy company Infigen Energy has agreed to settle a class action over the January 2017 Currandooley bushfire that was sparked by a crow that was electrocuted from a transmission line carrying power from the company’s Woodlawn wind farm near Tarago, New South Wales.

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Law firm in showdown with ATO over Black Saturday payouts
Class Actions 2018-11-13 11:04 pm By Christine Caulfield

Maurice Blackburn’s battle with the Australian Taxation Office over a tax bill on class action settlements for thousands of Black Saturday bushfire victims went to court Tuesday, and the landmark case may turn on whether or not the law firm’s administration of the settlement distribution scheme counts as a business.

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Class members get nothing in $2.6M bushfire class action settlement
Class Actions 2018-11-13 3:08 pm By Cat Fredenburgh

A court has signed off on a $2.6 million settlement in a class action against Endeavour Energy and two other companies over the 2013 Mt Victoria bushfires that will leave class members empty-handed.

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Palmer can’t stop Queensland Nickel liquidators from asking after fugitive nephew
Restructuring & Insolvency 2018-11-09 3:43 pm By Cat Fredenburgh

A judge has shot down a bid by Clive Palmer to block the liquidators of Queensland Nickel from making enquiries as to the whereabouts of his fugitive nephew, the sole registered director of the refinery when it collapsed.

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ACCC takes Captain Cook College to court for unconscionable conduct
Competition & Consumer Protection 2018-11-09 2:01 pm By Christine Caulfield

Online educator Captain Cook College broke the law by enrolling thousands of students who accrued $60 million in debt but never finished their courses, a new action by the consumer regulator alleges.

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