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Judge shoots down amendment to group definition in Uber class action
Class Actions 2020-04-02 5:17 pm By Cat Fredenburgh

A judge has denied a bid by the applicant in a massive class action against ride-sharing giant Uber to amend the group definition to include successors and assignees of those with claims, saying the request was made too late and that it was not clear who exactly would be included in the new group.

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Short seller Bonitas ordered to pay $900,000 over misleading report on Rural Funds
Agriculture 2020-04-01 9:52 pm By Christine Caulfield

Activist short seller Bonitas Research must pay Rural Funds Management almost $900,000 after the US-based Bonitas was found to have engaged in misleading or decpetive conduct in issuing a report describing the agricultural fund manager’s equity as “ultimately worthless”.

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Court orders winding up of Merlin Diamonds after ‘serious contraventions’ unearthed
ASIC 2020-04-01 5:02 pm By Cat Fredenburgh

A judge has ordered that Joseph ‘Diamond Joe’ Gutnik’s Merlin Diamonds be wound up after the mining company’s provisional liquidators uncovered “serious contraventions” and a “serious failure of governance”.

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Barristers to robe up at home for trial by videochat in ACCC case against Kogan
ACCC 2020-04-01 11:44 am By Miklos Bolza

Barristers for the ACCC and online retailer Kogan have been asked to robe up at home as the previously in-person trial shifts to videochat in response to the COVID-19 health crisis.

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Over and out: Chief Justice says protocol needed to prevent overtalking in virtual trials
ASIC 2020-03-31 4:20 pm By Miklos Bolza

The Chief Justice of the Federal Court says a system is needed to ensure parties don’t interrupt one another during virtual hearings, and noted the increase in online hearings brought on by the coronavirus may also free judges up to hear cases outside their registries.

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COVID-19 pandemic no excuse to delay $2.5B Icthys LNG case, judges say
Appeals 2020-03-31 3:25 pm By Alison Eveleigh

An appeals court has found that parties forced to conduct hearings via telephone or video conference in the wake of the COVID-19 pandemic are not disadvantaged by the new arrangements, refusing to delay the appeal of a $2.5 billion contractual dispute concerning the Ichthys gas project in the Northern Territory until the parties can appear in person before the court.

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TasPorts slams ACCC case, says extra fees don’t amount to misuse of market power
ACCC 2020-03-31 12:52 pm By Miklos Bolza

Tasmanian state-owned ports company TasPorts has admitted to charging additional fees to the owner of a local port, but has denied the ACCC’s allegations that these actions constituted a misuse of market power designed to stymie competition.

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AUSTRAC, Westpac still locked in settlement negotiations, court hears
Allens 2020-03-30 9:51 pm By Alison Eveleigh

Westpac is still locked in mediation with AUSTRAC over allegations that it committed over 23 million breaches of anti-money laundering and counter-terrorism financing laws, with the bank’s hopes of moving to a penalty hearing in the early part of the year fading.

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Group members to get policy cancellation info in NAB insurance class action settlement
Chris Caleo 2020-03-30 9:02 pm By Alison Eveleigh

A judge overseeing a class action against National Australia Bank over ‘junk insurance’ has ordered that potential group members be given information about cancelling the policies, but not before taking the applicants to task for not having the polices automatically cancelled as part of the $49.5 million settlement.

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Court tosses opposition to SARB patent application for parking overstay detector
Adrian Ryan 2020-03-30 5:22 pm By Miklos Bolza

A judge has dismissed an opposition by tech company Vehicle Management Systems to a patent application by rival SARB Management Group for an integrated magnetic parking overstay detector.

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