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Costs orders should be the exception in funded Fair Work cases, judge says
Employment 2020-07-09 11:01 pm By Alison Eveleigh

The parties in a ‘sham’ contracting class action brought on behalf of telecommunications workers have both lost bids to recover interlocutory costs, with a judge noting that costs orders against funded litigants should be the exception rather than the rule in Fair Work litigation.

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Judge grapples with ‘most complicated’ adjournment bid in Hytera, Motorola dispute
Intellectual Property 2020-07-09 10:50 pm By Miklos Bolza

Hytera Communications argued it should be granted a late-stage bid to postpone its copyright trial with Motorola Solutions, in what a judge called “the most complicated adjournment application” he’d ever heard.

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Virgin bondholders blast Deloitte disclosures to court
Restructuring & Insolvency 2020-07-09 10:41 pm By Cat Fredenburgh

Virgin Australia bondholders contesting the sale of the airline to private equity firm Bain Capital have blasted the airline’s administrators at Deloitte for failing to inform the court when applying for confidentiality orders that the bondholders had sought information on the terms of the deal.

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CBA won’t hand over docs to class action without AUSTRAC’s blessing
Class Actions 2020-07-08 9:24 pm By Miklos Bolza

The Commonwealth Bank of Australia has refused to provide sought-after documents to the lead applicants of a joint class action against it until AUSTRAC grants permission, citing concerns over possible criminal breaches if it hands over the material without the agency’s approval.

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Allianz hit with class action over ‘junk’ car insurance
Class Actions 2020-07-08 9:23 pm By Alison Eveleigh

Insurance giant Allianz is facing a class action over allegedly “poor value” or worthless car and motorcycle insurance products.

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Court asked to delay border closure hearing while WA expert helps Victoria fight COVID-19 outbreak
COVID-19 2020-07-08 8:29 pm By Christine Caulfield

A hearing on the validity of border closures by Western Australia and Queensland should be pushed off while WA’s expert responds to an urgent request by Victoria’s health authorities to help that state deal with its coronavirus outbreak, the Federal Court has been told.

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Virgin administrators’ legal woes continue as bondholders try to uncover confidential Bain deal
Restructuring & Insolvency 2020-07-08 8:03 pm By Alison Eveleigh

A Virgin Australia unsecured bondholder has launched legal proceedings to uncover confidential details of the sale of the embattled airline to Bain Capital, with the administrators now facing three disputes in the wake of the administration.

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‘Let down’ by own lawyers: Family of MH17 victim wins appeal after being shut out of class action
Class Actions 2020-07-07 10:40 pm By Alison Eveleigh

The parents of an Australian national who was killed aboard Malaysia Airlines flight MH17 have successfully appealed a decision blocking them from participating in the settlement of a class action, with an appeals court judge describing as “disturbing” the conduct of their legal team in the group proceeding.

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False teeth claims: Procter & Gamble sues Colgate over whitening toothpaste
Competition & Consumer Protection 2020-07-07 10:00 pm By Alison Eveleigh

Personal care giant Procter & Gamble has filed a lawsuit alleging competitor Colgate-Palmolive has violated the consumer law by falsely claiming that its whitening toothpaste can remove 10 years of stains.

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Law firms set stage for Boral class action beauty parade
Class Actions 2020-07-07 9:45 pm By Cat Fredenburgh

Two law firms that filed competing shareholder class actions against construction giant Boral have asked the court to permanently stay the other’s proceeding, after the judge overseeing the matter said he might wait until the High Court’s ruling on the AMP class action beauty parade before deciding which class action should move forward.

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