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AMP to tell advisers exiting BOLR program about class action
AMP 2020-12-04 12:47 pm By Cat Fredenburgh

The parties in a class action against AMP over changes to its buyer of last resort policy have agreed to a communications protocol making settlement offers and for releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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BHP can’t shut out foreign group members from class action
Alistair Pound 2020-11-27 10:08 pm By Christine Caulfield Melbourne

Mining giant BHP has lost a fight to keep foreign group members out of a shareholder class action over the Fundao dam failure in Brazil five years ago.

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AMP clashes with BOLR class action over releases for financial advisers
Class Actions 2020-11-24 6:52 pm By Christine Caulfield Melbourne

Lawyers behind a class action against AMP over changes to its buyer of last resort policy have told a court the parties can’t agree on releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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EnergyAustralia must pay $1.5M for disconnecting vulnerable customers
Anna Lord 2020-11-18 6:59 pm By Spencer Fowler Steen Melbourne

EnergyAustralia will cough up $1.5 million in penalties for wrongfully disconnecting eight customers facing serious financial hardship.

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ATO loses landmark case over GST gold scam
Appeals 2020-11-17 7:15 pm By Miklos Bolza Sydney

The Australian Taxation Office has been blocked from indirectly recouping GST lost in a major tax scam by allegedly crooked gold traders with the Full Federal Court finding a $208 million demand sent to a defunct gold refiner had incorrectly interpreted the GST Act.

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7-Eleven to face new unconscionability claims in franchisee class action
7-Eleven 2020-11-13 9:18 pm By Miklos Bolza Sydney

Two class actions on behalf of 7-Eleven franchisees plan to expand their case against the convenience store chain by adding new allegations of systemic unconscionable conduct.

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Mylan fails in High Court bid to save patents for top seller Lipidil
Appeals 2020-11-06 12:06 pm By Cat Fredenburgh Melbourne

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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Trivago loses appeal of ruling it misled consumers over hotel listings
ACCC 2020-11-04 12:04 pm By Christine Caulfield Melbourne

Hotel booking aggregator Trivago has lost its challenge to a court ruling that it misled consumers over its ranking of travel accommodation, in what the consumer regulator hailed as a win for consumers and a warning to comparison sites.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
7-Eleven 2020-11-03 3:25 pm By Miklos Bolza Sydney

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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7-Eleven says courts have no power to ever make a common fund order
7-Eleven 2020-10-27 11:51 pm By Christine Caulfield Melbourne

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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