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‘The game is not worth the candle’: Judge says oral discovery in 7-Eleven class action a waste of time
Class Actions 2021-04-01 5:05 pm By Christine Caulfield

Courts have power to order oral discovery of potential witnesses ahead of trial, according to the judge overseeing two 7-Eleven class actions by franchisees, but the cases against the convenience store giant were not the occasion to exercise the power, he said.

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Boral ruling a warning to class action lawyers to be on their best behaviour
Class Actions 2021-04-01 3:28 pm By Miklos Bolza

A judgment in a heated carriage fight between three class actions against construction giant Boral provides some guidance to law firms about conduct that could potentially compromise their case for why they should be crowned the victor in a class action beauty parade.

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ASIC takes CBA to court for hitting customers with $55M in fees
Financial Services 2021-04-01 12:26 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken the Commonwealth Bank of Australia to court for slapping nearly 1 million customers with unauthorised monthly access fees totaling $55 million over a nine-year period.

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Will women’s ‘lens’ lead to greater diversity in judicial appointments?
Courts 2021-03-31 11:48 pm By Christine Caulfield

Barristers and legal experts are calling on the new Attorney-General to actively commit to gender diversity when she begins to make appointments to the courts, as the federal government’s promise to put its decision making through a women’s “lens” raises hopes of more female judicial appointments to correct the imbalance on the bench.

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No win no fee carries law firm to victory in Boral class action beauty parade
Class Actions 2021-03-31 11:13 pm By Miklos Bolza

The law firm running its class action on a no win no fee basis has been crowned the winner in a battle against two competing firms to lead a shareholder class action against construction giant Boral, in the first such judgment handed down in the wake of a High Court ruling on competing class actions.

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Litigation funder not on hook for costs in failed Airservices class action
Class Actions 2021-03-31 3:01 pm By Christine Caulfield

The litigation funder that backed a dismissed employment class action against aviation service provider Airservices Australia has successfully argued that it should not bear the company’s costs of defending the case

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Virgin faces TWU action for standing down ground crew workers
Employment 2021-03-31 2:08 pm By Cat Fredenburgh

Virgin Australia is facing legal action from the Transport Workers Union which says the airline was not experiencing the necessary work shortage when it stood down some of its ground crew staff after the federal government’s Jobkeeper wage subsidy came to an end over the weekend.

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IP Australia on the Rolling Stones’ side in trade mark battle over ‘Jagger & Stone’
Intellectual Property 2021-03-30 9:07 pm By Christine Caulfield

The Rolling Stones has successfully opposed registration of the ‘Jagger & Stone’ clothing trade mark in Australia, with a delegate finding the name was designed to “springboard” off the UK rock band’s worldwide fame.

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JM Kelly’s negligence case against former accountant should go to trial, judge rules
Construction 2021-03-30 6:51 pm By Cindy Cameronne

A judge has refused to summarily dismiss proceedings by collapsed construction group JM Kelly against its former accountant, finding it was an issue for trial whether he caused the company to continue operating despite financial issues leading to its liquidation.

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ANZ admits flex commission dealers ‘encouraged’ to offer loans with interest above base rate
Class Actions 2021-03-30 4:26 pm By Christine Caulfield

Banking giant ANZ, which is facing a class action over a flex commissions scheme by its former car finance business, has admitted that the calculation of car dealers’ commission was aimed at encouraging loans with interest above a “base rate”.

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