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AMP says ‘patronising’ former GC did not expose fees for no service practice
Employment 2019-10-29 2:55 pm By Christine Caulfield

The former AMP general counsel who alleges she was bullied and sacked for complaining about the wealth manager’s fees for no service was not a whistleblower, but just one of many employees who raised concerns about the practice, the firm has said in a defence to the fired lawyer’s $2.7 million lawsuit.

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ACCC takes first shot at Google with location data lawsuit
Competition & Consumer Protection 2019-10-29 1:27 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has filed its first lawsuit against Google in the wake of its blistering digital platforms report, alleging the search giant misled users of its Android mobile devices about the collection and use of their location data.

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Funder to appeal landmark ruling on security in Fair Work class actions
Employment 2019-10-28 4:51 pm By Miklos Bolza

A litigation funder is planning to challenge a landmark Federal Court ruling that found for the first time that funders can be ordered to pay security for costs in Fair Work class actions.

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ASIC wins appeal in Westpac ‘personal advice’ case
Appeals 2019-10-28 2:06 pm By Cat Fredenburgh

The Full Federal Court has handed the Australian Securities and Investments Commission a win in a high-stakes appeal over what constitutes personal advice under financial services laws, finding Westpac violated its duty to act in its customers best interests through a superannuation rollover campaign.

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Woolworths class action funder wants up to 35% of any recovery
Class Actions 2019-10-28 12:23 pm By Christine Caulfield

The funder backing a shareholder class action against Woolworths wants a 35 percent slice of any settlement or judgment in the $100 million case, according to its agreement with the applicants.

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Analysis 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Monster Energy fights removal of ‘mother’ trade mark
Intellectual Property 2019-10-25 5:37 pm By Cat Fredenburgh

Beverage giant Monster Energy has launched a Federal Court challenge to the removal of its ‘mother loaded iced coffee’ trade mark, part of a portfolio of Mother energy drink-related marks acquired from Coca Cola in 2015.

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Group members expected to get half of $16.5M Forge class action settlement
Class Actions 2019-10-25 12:46 pm By Cat Fredenburgh

The law firm and funder behind a class action against collapsed engineering and construction company Forge Group, former directors and their insurers, which has now settled for $16.5 million, have proposed cuts that would see $8.25 million left over for distribution to group members.

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Judge ‘defies anyone’ to understand confusing Surfstitch opt out notice
Class Actions 2019-10-25 10:34 am By Miklos Bolza

A judge has ordered the legal teams behind two settled Surfstitch class actions to have another crack at the opt out notice, saying the current version is “just too confusing” for group members.

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Ex-Prime Trust director Wooldridge seeks court approval to manage companies despite recent ban
White Collar 2019-10-24 6:58 pm By Cat Fredenburgh

Former health minister and Prime Trust director Michael Wooldridge wants court approval to manage four corporations, despite a recent ruling from the Full Federal Court that reimposed a ban on him and three other former directors of the collapsed retirement village for violations of the Corporations Act.

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