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Lawyers, funders brace for landmark common fund ruling this week
Analysis 2019-02-26 9:39 pm By Christine Caulfield

Judgments in two appeals challenging the legality of common fund orders issued by courts in class actions will be handed down this week, and the rulings could have a profound effect on how class actions are run by lawyers and their funders in the future.

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Damages fight in infringement case over fruit container patents wraps up
Intellectual Property 2019-02-25 3:25 pm By Christine Caulfield

A damages battle in an infringement case over two patents for the ubiquitous plastic produce containers found in grocery stores across Australia is over, with the fight settling ahead of a hearing.

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One Key Workforce liquidators win fight with CFMMEU over access to $1M
Article 2019-02-20 11:04 pm By Christine Caulfield

The Construction, Forestry, Maritime, Mining and Energy Union has lost a battle with liquidators for failed labour hire business One Key Workforce over access to $1 million it said was owed in unpaid wages only to its members.

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Calgary CFO convicted for misstating company revenue
Healthcare 2019-02-20 10:20 pm By Cat Fredenburgh

The former chief financial officer for Calvary Health Care has been convicted and sentenced after pleading guilty to making false records that misstated the company’s revenue by millions of dollars.

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ASIC to seek harsher penalties against banks, execs
Financial Services 2019-02-15 10:25 pm By Cat Fredenburgh

ASIC will soon have more ammunition to go after corporate wrongdoers, after the Senate passed legislation that arms the regulator to seek harsher civil and criminal sanctions against banks, their executives and others that breach the corporate and financial services law.

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Judge allows expert reports in Cargill, Viterra case over $420M Joe White sale
Corporate 2019-02-14 2:19 pm By Cat Fredenburgh

The judge overseeing the marathon trial between agricultural giants Cargill and Viterra over the $420 million sale of malt producer Joe White has shot down objections to both parties’ expert reports related to whether it was common industry practice to cheat customers by failing to comply with contract details and providing misleading malt test results.

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Optus hit with $10M fine for misleading customers over mobile phone bills
Competition & Consumer Protection 2019-02-06 2:38 pm By Christine Caulfield

Optus has been ordered to pay $10 million in penalties for billing unwitting customers for premium mobile phone services, the consumer regulator said Wednesday.

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Pitcher Partners appeals $5.6M damages award over concealed accounting error
Competition & Consumer Protection 2019-02-05 2:16 pm By Christine Caulfield

Accounting firm Pitcher Partners will challenge a ruling that it owes a NSW bus operator $5.6 million in damages for fraudulently concealing a costly amortisation error.

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Boutique firm Phi Finney McDonald ’eminently qualified’ to run BHP class action, experts say
Analysis 2019-02-01 11:19 pm By Christine Caulfield

Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge’s ruling to choose the “less experienced” firm to lead a shareholder class action against BHP Billiton.

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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Analysis 2019-02-01 11:16 pm By Christine Caulfield

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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