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Funder won’t fight court’s power to vary class action commission
Agriculture 2019-11-15 10:32 pm By Christine Caulfield

Whether judges can alter the terms of litigation funding agreements in class actions is a question that will remain unsettled for now, after litigation funder IMF Bentham chose to sidestep a lengthy, costly and risky challenge to the reach of the court’s powers.

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Shine Lawyers avoids being dragged into negligence lawsuit
DLA Piper 2019-11-15 4:43 pm By Miklos Bolza

A bid to join Shine Lawyers and barrister David Turner to a negligence suit against an Australian law firm retained to assist with a $630,000 contractual dispute has been dismissed after a judge found it was “not just, desirable or convenient” to drag the two parties into the dispute.

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Google blasts ACCC’s ‘cherry-picked’ suit over data collection disclosures
Anais d'Arville 2019-11-14 1:52 pm By Miklos Bolza

Google has slammed landmark regulatory action brought by the Australian Competition and Consumer Commission over the collection and use of location data on Android devices as “cherry-picked”, saying the watchdog had read alleged misstatements by the tech giant out of context.

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Ex-Murray Goulburn execs say judge should not disqualify them again
Agriculture 2019-11-13 11:27 pm By Miklos Bolza

The former chief financial officer of Murray Goulburn has asked a judge to relieve him from any disqualification order sought by the corporate watchdog in its case over his alleged role in the milk supplier’s continuous disclosure breaches, saying he is already the subject of orders that ban him from the dairy industry.

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IP firm pursues potential lawsuit against HWL Ebsworth
Business of Law 2019-11-13 10:34 pm By Miklos Bolza

A specialist IP law firm has launched preliminary discovery proceedings against HWL Ebsworth after one of its lawyers jumped ship.

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Law firm gave trendy Melbourne cafe bad settlement advice, appeals court finds
Catherine Pierce 2019-11-13 5:33 pm By Christine Caulfield

A Melbourne-based law firm was negligent when it advised the owners of Barflys bar and cafe in Bourke Street to settle a case against its landlords for $341,500 because of changes to the law on retail leases, an appeals court has found.

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Monster Energy takes on ‘mother’ of a trade mark battle
Davies Collison Cave 2019-11-13 3:44 pm By Cat Fredenburgh

Monster Energy has launched another Federal Court case against Vittoria Food & Beverage seeking to block the coffee maker from trading on the popularity of its Mother energy drink brand, and the beverage giant will have to convince the court that its brand is not so strong that confusion among consumers is not likely.

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Funder appeals ruling over security in Fair Work class actions
Adero Law 2019-11-12 10:44 pm By Christine Caulfield

Litigation funder Augusta Ventures has brought its promised appeal of a groundbreaking ruling that put it on the hook for paying security for costs in an employment class action over the classification of casual mine workers.

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Forge liquidators investigate potential case against auditors KPMG
Ashurst 2019-11-12 8:31 pm By Miklos Bolza

Two special purpose liquidators appointed to collapsed engineering and construction company Forge Group are investigating a potential lawsuit against KPMG, which audited the doomed business prior to its $800 million collapse in 2014.

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Class action puts pressure on Icon for speedy resolution of Opal Tower insurance case
Barry Nilsson Lawyers 2019-11-12 4:23 pm By Miklos Bolza

Construction firm Icon Co has pressed the Federal Court for an expedited hearing in its case against insurers Liberty Mutual Insurance and QBE over the 2018 Opal Tower disaster, saying it wants to resolve the matter before a class action brought by apartment owners in building progresses too far.

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