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Combustible cladding class action has prima facie case against manufacturer, judge says
Class Actions 2019-06-03 1:17 pm By Miklos Bolza

A judge has allowed the applicant in a class action over allegedly dangerous combustible cladding to sue a German-based cladding manufacturer, saying there was a prima facie case the company violated the Australian Consumer Law.

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Vodafone, TPG merger would have ‘profound social consequences’, ACCC tells court
Allens 2019-05-31 10:42 pm By Christine Caulfield

Allowing Vodafone’s proposed $15 billion merger with TPG to go ahead if there were a real chance that TPG could seriously compete in the market for mobile services would have “profound social consequences,” the competition watchdog told the Federal Court Friday as it unsuccessfully sought to push back a hearing over the deal.

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ASIC wins case against Vocation, former execs after 15-month wait for judgment
Alec Leopold 2019-05-31 6:21 pm By Miklos Bolza

In a win for the corporate watchdog, a court has found collapsed education provider Vocation engaged in misleading and deceptive conduct and breached its continuous disclosure obligations by failing to inform shareholders of problems with a large government contract.

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Judge hits funder-backed Appco class action with costs despite ‘no costs’ rule
Adero Law 2019-05-31 5:07 pm By Amelia Birnie

A judge has hit the applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual “no costs” rule in Fair Work cases had less force in actions backed by third party litigation funders.

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‘Diamond Joe’ Gutnick’s company ordered to pay debts or face winding up
Arnold Bloch Leibler 2019-05-31 3:55 pm By Miklos Bolza

An appeals court has ordered a phosphate mining company owned by mining magnate Joseph Gutnik to pay back more than $225,000 owed to the Queensland state government or face immediate liquidation, accusing the company of showing a “cavalier attitude” towards earlier orders made by the court.

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Piper Alderman says costs breach in KPMG class action ‘obviously accidental’
Class Actions 2019-05-31 2:42 pm By Amelia Birnie

Piper Alderman has urged a judge to excuse its “obviously accidental” breach of legal profession costs regulations in its Discovery Metals investor class action against KPMG, warning that group members could suffer detriment if its $3.5 million legal bill was not approved quickly.

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Squire Patton Boggs emails privileged in dispute over Pilbara power purchase agreement
Brahma Dharmananda 2019-05-31 10:57 am By Miklos Bolza

The court has blocked a unit of Fortescue Metals Group from accessing emails sent by Squire Patton Boggs about a now disputed power purchase agreement, saying the communications are privileged.

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No more shots in Russian vodka trade marks case
Cynthia Cochrane 2019-05-30 9:33 pm By Amelia Birnie

A dispute over allegedly stolen Russian vodka trade marks has been permanently stayed as an abuse of process, after the Russian Federation failed to provide adequate discovery of relevant materials.

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Iluka class action lands new funder, but $1.25M security outstanding
Caspar Conde 2019-05-30 8:49 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have been given a two month extension to provide a $1.25 million security for costs, after they managed to secure an in-principle deal with a new litigation funder.

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Motorola accuses Hytera of ‘industrial espionage on a grand scale’
Cameron Moore 2019-05-30 8:37 pm By Amelia Birnie

Motorola has slammed Hytera for engaging in “industrial espionage on a grand scale”, after more than a thousand Motorola-branded documents were found in the possession of the Chinese radio maker.

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