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Oil spill class action trial delayed by expert evidence filed ‘without leave, without notice’
Agriculture 2019-05-06 9:07 pm By Amelia Birnie

The Montarra oil spill class action trial has been pushed back by two weeks, following the filing of late expert evidence by the applicants “without leave, without notice,” according to oil company PTTEP.

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Westpac slams ASIC for ’19th century approach’ to home loans
Financial Services 2019-05-06 8:35 pm By Miklos Bolza

Banking giant Westpac has criticised the Australian Securities and Investments Commission’s old fashioned approach to home loan serviceability, saying its own complex system is more efficient and would “pass muster” in the face of the regulator’s allegations that it breached responsible lending laws.

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Woolworths class action homes in on supermarket giant’s price perception problem
Bernard Quinn 2019-05-03 9:06 pm By Christine Caulfield

Woolworths’ knowledge of its poor performance on price perception among shoppers in 2014 is at the centre of a $100 million shareholder class action against the retailer, a court heard Friday.

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Forge class action judge stands firm despite being warned of ‘real risk’ to trial date
Class Actions 2019-05-03 2:06 pm By Amelia Birnie

A judge has refused to contemplate delays to the long-running investor class action against defunct engineering and construction company Forge Group, as lawyers for some of the respondents warn of a “real risk” that the current trial date might need to be vacated.

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ASIC to face off against Westpac after judge ripped up $35M settlement deal
Class Actions 2019-05-02 9:22 pm By Cat Fredenburgh

The Australian Securities and Investments Commission will gets a chance on Monday to prove its claims that Westpac breached responsible lending laws by providing unsuitable home loans when the two face off in a high-stakes trial following the court’s rejection of what would have been a record $35 million penalty for breaching the country’s lending laws.

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Property developers accused of ‘gaming the system’ at GST class action trial
Class Actions 2019-05-01 10:58 pm By Amelia Birnie

Multiple Canberra property developers have been accused of deliberately trying to avoid repaying GST to home buyers at the outset of a class action trial involving almost 500 apartment owners.

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‘Cranky’ judge set to order ex-Parramatta Council boss, Fairfax to mediation again
Banki Haddock Fiora 2019-05-01 6:33 pm By Amelia Birnie

The defamation case of sacked CEO of Sydney’s City of Parramatta Council against Fairfax Media is “susceptible to settlement”, a judge said Wedneday as he flagged the prospect of sending the case to mediation for a second time.

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Bega wins $60M battle with Kraft over peanut butter trade dress rights
Addisons 2019-05-01 3:21 pm By Cat Fredenburgh

Kraft Foods has come up short in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia, allowing Bega to maintain its hold on the $60 million per year stake in the peanut butter market which it acquired by purchasing Kraft unit Mondelez’s Australian and New Zealand business in 2017.

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Judge slams as ‘rubbish’ legal privilege claims in CIMIC class action lawyer’s affidavit
Allens 2019-05-01 2:35 pm By Christine Caulfield

A judge overseeing discovery in a class action against global engineering company CIMIC Group has called out the legal profession for an “extraordinary” new trend of relying on solicitors’ affidavits in claiming privilege over evidence.

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Hanson-Young defends TV comment that ‘men behave like morons and pigs’
Defamation 2019-04-30 5:57 pm By Amelia Birnie

Facing cross-examination on the second day of her defamation hearing against former Senator David Leyonhjelm, Greens Senator Sarah Hanson-Young denied she suggested all men were collectively responsible for violence against women when she said “men behave like morons and like pigs” in a television interview.

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