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Appco ‘running out of money’, class action judge hears as fight over insurance docs looms
Adero Law 2019-12-17 6:05 pm By Christine Caulfield

Fundraising company Appco has told a judge overseeing a $90 million sham contracting class action it is “running out of money” and wants to mediate the dispute as soon as possible.

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Court slashes $450,000 judgment against HWL Ebsworth
Acting Justice Reginald Barrett 2019-12-17 4:05 pm By Miklos Bolza

An appeals court has slashed a $450,000 judgment against law firm HWL Ebsworth to $127,000, after finding a former partner who sued the firm for unfair dismissal had not lost the opportunity to seek other employment.

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APRA begins probe of Westpac over ‘substantial gaps in risk governance’
Allens 2019-12-17 3:31 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority has flagged potentially “substantial gaps in risk governance” by Westpac as it formally kicked off an investigation into the bank and its executives for potential breaches of the Banking Act.

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Disqualified exec loses case that forwarded ASIC email doesn’t count as service
ASIC 2019-12-16 11:52 pm By Christine Caulfield

An email from the corporate regulator forwarded to a Perth businessman by his lawyer constituted proper notification that the executive had been disqualified, an appeals court has ruled in tossing a challenge to the method of service.

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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Arnold Bloch Leibler 2019-12-16 9:27 pm By Miklos Bolza

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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De-classing threat revived as 3A Composites slams ‘simply shambolic’ combustible cladding action
Amelia Smith 2019-12-16 9:25 pm By Miklos Bolza

German cladding manufacturer 3A Composites has again threatened to call for the de-classing of a class action brought over allegedly combustible cladding, slamming the case against it as “simply shambolic” and the conduct of the applicant as “utterly irresponsible”.

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Google slams ACCC’s ‘artificial and incorrect’ case over location data disclosures
ACCC 2019-12-16 8:47 pm By Christine Caulfield

Google has come out in defence of its privacy disclosures to Android mobile users in the face of landmark legal action by the ACCC, saying the consumer regulator’s allegations of misleading conduct rely on an “artificial and incorrect” account of the way it informs users of the collection and use of personal location data.

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‘Haircut’ by law firm, funder in Forge class action settlement appropriate, judge says
Class Actions 2019-12-16 6:13 pm By Christine Caulfield

A self-imposed cap on legal fees and a reduced funding cut of a $16.5 million settlement in a class action against failed construction company Forge Group was the right call by the law firm and the funder behind the case, a judge has said in his reasons for approving the deal.

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Magistrate in ANZ cartel case shuts down ‘back door’ bid to expand JPMorgan witness grilling
ACCC 2019-12-13 4:46 pm By Miklos Bolza

A magistrate has dismissed a bid to expand the cross examination of a JPMorgan witness in the closely watched criminal cartel case over a $2.5 billion ANZ share placement, calling it a “back door” attempt to bypass a prior court ruling.

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Pizzeys wins discovery bid for possible lawsuit against patent attorneys who jumped ship
Bennett & Philp Lawyers 2019-12-13 4:17 pm By Miklos Bolza

Boutique IP firm Pizzeys Patent and Trade Mark Attorneys has won its bid for preliminary discovery to pursue possible claims against two patent attorneys who left the firm to start their own competing business.

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