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Court blocks Clive Palmer’s bid to shut down class action funding
Class Actions 2020-02-26 3:04 pm By Miklos Bolza

A company owned by mining magnate Clive Palmer has lost its bid to temporarily block funding for a class action over the troubled Coolum Palmer Resort, with the Federal Court finding that special levies garnered from villa owners to back the proceedings were above board and legal.

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Judge spots ‘fundamental flaw’ in NAB insurance class action settlement
Class Actions 2020-02-25 10:25 pm By Miklos Bolza

A judge has questioned whether he should sign off on a $49.5 million settlement in a class action against National Australia Bank over allegedly worthless credit card insurance, which he said had a “fundamental flaw” because it did not contain a provision automatically cancelling group members’ policies.

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ACCC’s Rod Sims says more competition cases in the pipeline
Competition & Consumer Protection 2020-02-25 8:57 pm By Alison Eveleigh

The ACCC has revealed that it will bring at least four new competition cases this year, with chairman Rod Sims also promising that the regulator could pick up the pace when it comes to launching proceedings.

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ASIC pans Wagyu and shiraz ‘thought experiments’ in Westpac home loan appeal
Financial Services 2020-02-25 5:05 pm By Miklos Bolza

ASIC has criticised a Federal Court judge for his ‘thought experiments’ around prospective home loan applicants feasting on Wagyu beef and shiraz, as the regulator challenges the judge’s dismissal of its responsible lending case against Westpac.

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Spain ordered to pay $375M in arbitration dispute
Arbitration 2020-02-24 8:44 pm By Alison Eveleigh

The Kingdom of Spain must pay $375 million after it failed in its bid to claim sovereign immunity from the enforcement of two foreign arbitration awards related to renewable energy investments.

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No harm, no foul? Full Court weighs ACCC challenge to flushable wipes ruling
Competition & Consumer Protection 2020-02-24 5:58 pm By Miklos Bolza

The ACCC claims it was not required to prove Kimberly-Clark’s flushable wipes caused actual harm to sewers, as it challenges a ruling that disposed of its consumer law case against the personal care giant.

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New shareholder class action against IOOF alleges extensive misconduct
Class Actions 2020-02-24 3:00 am By Christine Caulfield

Financial services provider IOOF may have beaten back regulatory action, but it still faces the wrath of shareholders, with a new class action claiming the firm engaged in corporate misconduct that includes insider trading, front running and breaches of trustee duties.

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Westpac slams Shine’s ‘sales pitch’ in class action opt out notice
Class Actions 2020-02-21 10:21 pm By Miklos Bolza

Westpac has criticised Shine Lawyers for allegedly turning a registration and opt out notice to class action members into a ‘sales pitch’ designed to book-build for the firm, saying the High Court’s recent common fund ruling forbade approval of anything designed to boost the commercial viability of a case.

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Coles faces potential class action over $20M in staff underpayments
Employment 2020-02-21 4:28 pm By Christine Caulfield

Supermarket giant Coles may be hit with a class action after it was revealed on Tuesday that the company owes staff in its supermarket and liquor businesses at least $20 million in pay.

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Litigation funder may set up law firm to capitalise on contingency fees
Class Actions 2020-02-21 4:00 pm By Christine Caulfield

A major litigation funder in Australia is weighing its options after the High Court ended the practice of common fund orders and the Victorian Government introduced a bill allowing contingency fees, options that include establishing its own law firm

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