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VW reaches in-principle dieselgate agreement with ACCC
Competition & Consumer Protection 2019-09-23 2:10 pm By Amelia Birnie

Volkswagen is nearing the end of the road in the dieselgate scandal in Australia, as the car company agrees to an in-principle resoltion of enforcement action by the ACCC while also finalising the details of the settlement of five class actions worth up to $127 million.

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Qld Law Group wants excessive fees class action shut down over applicant’s apparent sale of litigation rights
Class Actions 2019-09-23 1:51 pm By Amelia Birnie

The Queensland law firm at the centre of a class action over legal fees wants the case thrown out as an abuse of process, after it was revealed that the lead plaintiff apparently sold her litigation rights to a litigation funder, whose sole director is married to the solicitor who filed the action.

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Ariosa secures leave to appeal Sequenom win over patent for prenatal test
Intellectual Property 2019-09-23 1:00 pm By Christine Caulfield

US prenatal genetic test maker Ariosa Diagnostics has won its bid to appeal a ruling that its Harmony test infringed a patent owned by rival Sequenom.

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CIMIC had no chance of winning stay of competing class action, judge says
Class Actions 2019-09-20 8:36 pm By Miklos Bolza

A judge has ordered engineering services firm CIMIC Group to pay the costs of a 2017 attempt to stay a competing class action against it, saying the bid was one the company “could never have successfully prosecuted”.

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‘A very expensive lesson’: Ultra Tune to sue former auditors, lawyers over $2M franchising penalty
Competition & Consumer Protection 2019-09-20 11:58 am By Amelia Birnie

National car repair franchise Ultra Tune is preparing negligence suits against its former lawyers and auditors, after the company on Friday won a $590,000 reduction in a $2.6 million penalty for breaches of the Franchising Code of Conduct.

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Judge slams APRA case against IOOF as ‘fundamentally inadequate’ and ‘tenuous in the extreme’
Financial Services 2019-09-20 10:04 am By Amelia Birnie

APRA’s purely documentary case against troubled fund manager IOOF has been dismissed by the Federal Court as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”, in another major blow to financial services regulators pursuing action in the wake of the banking royal commission.

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National law firm slams ex-partner’s ‘sorry story’ for delays in bringing sex discrimination case
Employment 2019-09-19 10:11 pm By Amelia Birnie

A national Australian law firm has asked the Federal Court to throw out a sex discrimination claim filed against it by a former partner, on the grounds that no excuse had been provided for her delay in making a complaint other than “a fairly sorry story”.

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After questioning funder’s cut, judge quietly approves KPMG class action settlement scheme
Class Actions 2019-09-19 9:36 pm By Cat Fredenburgh

A judge has quietly given his seal of approval to a settlement distribution scheme in a class action against KPMG, after raising questions about Piper Alderman’s legal bill and the litigation funder’s “arguably excessive” cut of the confidential settlement.

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Walton liquidator next in line to sue NAB, former director
Restructuring & Insolvency 2019-09-19 8:39 pm By Miklos Bolza

The liquidator appointed to investigate a class action over Walton Construction’s collapse is now looking to file his own case against National Australia Bank, the company’s former director, and the restructuring firm hired before the construction company’s demise.

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Holding Redlich partner defends ‘good lawyer’ reputation at political donations inquiry
Legal Ethics 2019-09-18 9:17 pm By Amelia Birnie

Holding Redlich national managing partner Ian Robertson has defended his reputation as a “good lawyer” while being cross-examined at ICAC over cover-up advice he strenuously denies giving to NSW Labor over the now infamous Aldi bag containing $100,000 in cash donations.

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