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Full Federal Court dismisses Linfox’s $45M fuel tax challenge as ‘too weak’
Appeals 2019-09-05 2:42 pm By Amelia Birnie

The Full Federal Court has dismissed Linfox’s $45 million fuel tax credit appeal, finding the Australian logistics company’s argument was ‘too weak or uncertain’ to conclude that it was being over-taxed on major toll roads across the country.

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Iluka class action saved as new funder signs on
ACA Lawyers 2019-09-05 1:38 pm By Miklos Bolza

A shareholder class action against mineral sands producer Iluka Resources has locked in litigation funding, ending months of uncertainty about the fate of the proceedings.

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Judge joins twin actions against Forge directors and auditors
Anne Horvath 2019-09-05 12:09 pm By Amelia Birnie

A judge has consolidated two concurrent cases against the former directors and auditors of collapsed construction company Forge Group, after warning the overlapping actions needed to be carefully managed to avoid it becoming an “unrideable bull”.

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‘Affront to equality’: High Court trashes rule allowing self-repped lawyers to claim costs
Appeals 2019-09-04 11:31 pm By Cat Fredenburgh

The High Court has done away with a rule that allowed self-represented lawyers to claim costs for legal proceedings, calling the exception an “affront to the fundamental value of equality of all persons before the law”.

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Landmark Uber class action should be thrown out, court told
Class Actions 2019-09-04 10:28 pm By Christine Caulfield

A class action alleging a conspiracy between ride-share giant Uber and related entities to launch a car service to take business from taxi drivers across Australia has no prospect of success and should be struck out, a lawyer for Uber told a court Wednesday.

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$29M Radio Rentals settlement clears hurdle after ex-CEO cries prejudice
Class Actions 2019-09-04 10:13 pm By Miklos Bolza

The $29 million settlement in the Radio Rentals ‘Rent, Try, $1 Buy’ class action is back on track after concerns by former CEO James Marshall about uncertainty in the deed of settlement were resolved.

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Ex-Norton Rose partner wins six-month delay of ‘ludicrous’ trial start date
Bernice Ng 2019-09-04 9:38 pm By Amelia Birnie

Norton Rose Fulbright will have to wait another six months before a long-running dispute with a former partner will be heard, after the ex-employee successfully argued it would be “ludicrous” for the trial to proceed.

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WorleyParsons ditches bid to close down class action mid-trial
Alexander Edwards 2019-09-04 8:03 pm By Amelia Birnie

WorleyParsons has abandoned its mid-trial application to shut down a shareholder class action, amid uncertainty about whether the engineering company would be required to surrender its right to call reply evidence if it continued with its submission that it has no case to answer.

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ACCC loses appeal in cartel case over coal mining licences
Appeals 2019-09-04 3:46 pm By Miklos Bolza

The Australian Competition and Consumer Commission has failed in its challenge to a ruling that dismissed its bid-rigging case over mining exploration licences involving Cascade Coal and the sons of jailed Labor politician Eddie Obeid.

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CIMIC attacks ‘forests of contingencies’ in class action pleadings
Allens 2019-09-04 2:26 pm By Miklos Bolza

Engineering services firm CIMIC Group has attacked the pleadings in a shareholder class action against it, saying needlessly convoluted paragraphs containing a “numerically vast number of contingencies” should be struck out.

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