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The class action reform proposals experts can’t swallow
Analysis 2019-01-25 11:33 pm By Christine Caulfield

Lawyerly spoke to ten class action experts on the release of the Australian Law Reform Commission’s highly anticipated report into the class action regime. While many of the ALRC’s proposals were expected — and welcomed as sensible — others were greeted with concern and skepticism. Here, we look at the most controversial of the 24 recommendations.

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Black Saturday payout report shows class actions working, expert says
Analysis 2018-11-29 11:43 pm By Christine Caulfield

A lingering dispute with the tax office remains, but the distribution of the record $795 million Black Saturday class actions settlement is substantially complete, according to a report out this week, and the proceedings, by the measure of at least one expert, show why the class action system in Australia is working.

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What you need to know about the GetSwift ruling
Analysis 2018-11-21 11:55 pm By Christine Caulfield

The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.

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Judges to up scrutiny of confidentiality in class action settlements
Analysis 2018-08-30 11:30 pm By Christine Caulfield

The decision by a federal judge to refuse calls for a confidentiality order keeping under wraps S&P Global’s massive class action settlement is a welcome one, experts say, and a preview of judgments to come.

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5 things to watch in the GetSwift class action appeal
Analysis 2018-08-03 11:18 pm By Christine Caulfield

Three senior Federal Court judges will hear arguments Monday and Tuesday in a closely-watched appeal of a ruling that stayed two of three competing shareholder class actions against GetSwift as an abuse of process, and the impact of the Full Court’s ruling will be felt for a long time to come. Here are five major issues the court will be wrestling with over the next two days.

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Unlockd and loaded: A startup takes on Google
Analysis 2018-06-01 10:21 pm By Christine Caulfield

Unlockd’s case against Google is the first action in Australia to test a revamped law prohibiting misuse of market power, and one of the first private cases in the world to challenge Google’s dominance in court. For both sides, the stakes couldn’t be higher.

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Quinn Emanuel AMP financing heralds era of class action beauty pageants
Analysis 2018-05-16 3:09 pm By Christine Caulfield

The financing arrangement underwriting Quinn Emanuel’s shareholder class action against AMP, which will earn its partner Burford Capital a record low 10 percent of any recovery, sets a new standard in class action litigation funding, and is expected to spark greater price competition in the industry. 

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ACCC to get tougher on contracts that hurt small biz, lawyers warn
Analysis 2017-11-13 2:31 pm By Christine Caulfield

It warned offenders, and then it won its first case. Now with the one-year anniversary of laws protecting small businesses from unfair contracts ticking over, expect the consumer regulator to take no prisoners, lawyers say.

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Competition lawyers brace for tougher enforcement
Competition & Consumer Protection 2017-10-31 12:06 pm By Christine Caulfield

Lawyers are advising large companies to look hard at their business plans to keep on the good side of the Australian Competition and Consumer Commission now that the enforcer has a new arsenal to deploy.

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