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Sacked HWL Ebsworth special counsel loses ‘wholly unrealistic’ unlawful dismissal case
Employment 2019-09-03 10:24 pm By Amelia Birnie

A judge has thrown out an unlawful dismissal case brought by former HWL Ebsworth special counsel against the firm, describing his arguments as “trivial” and “wholly unrealistic”.

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Zoetis loses challenge over security for costs in horse vaccine class action
Appeals 2019-09-03 2:57 pm By Cat Fredenburgh

The Full Federal Court has shot down a challenge to a ruling denying horse vaccine maker Zoetis’ application for security for costs in an unfunded class action brought on behalf of horse owners alleging the company failed to warn about the potential side effects of the Hendra virus vaccine.

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Responsible lending class action against Westpac paused after ASIC loss
Class Actions 2019-08-16 10:10 pm By Christine Caulfield

After defeating the corporate regulator’s case alleging it breached responsible lending laws, banking giant Westpac has won a reprieve from lodging a defence in a related class action.

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‘This game is over’: judge ready to toss Iluka class action over ongoing funding dramas
ACA Lawyers 2019-08-15 3:45 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have less than a week to lock-in a $1.25 million security for costs, after the judge overseeing the case asked if he was allowed to dismiss proceedings himself following six months of being “very patient” about ongoing funding dramas.

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Hytera can’t blame Motorola for not alerting it to source code theft sooner
Herbert Smith Freehills 2019-08-14 10:58 pm By Cat Fredenburgh

Hytera can’t point the finger at Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner, as the first phase of the high stakes, high intrigue IP trial draws to a close.

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Westpac defeats ASIC home loan case
ASIC 2019-08-13 11:43 am By Amelia Birnie

Westpac has defeated a responsible lending case brought by the Australian Securities and Investments Commission in relation to almost 262,000 home loans, with the Federal Court finding the corporate regulator misinterpreted the operation of national lending laws.

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Garuda reveals debts of $480M, but can’t dodge $19M cartel fine yet
Appeals 2019-08-09 5:18 pm By Miklos Bolza

Indonesian airline Garuda has failed in its bid to stay a $19 million penalty for its role in a fuel surcharge cartel after telling the Federal Court it has debts of $480 million, with a judge saying he would be allowing the company to trade while insolvent if he granted the stay.

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Full Court docket stacked with class action appeals
Appeals 2019-08-08 10:54 pm By Christine Caulfield

The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.

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‘Sigh’: Judge inadvertently sends email to applicant, and reveals he’s human
Article 2019-07-25 3:28 pm By Christine Caulfield

A Federal Court judge has admitted he insulted an applicant in a case against the Commonwealth when he inadvertently sent her an email meant for his associate, in which he sarcastically used the word “sigh” in response to the applicant advising the court of her hospitalisation.

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Iluka threatens class action dismissal bid amid ongoing funding concerns
ACA Lawyers 2019-07-24 9:19 pm By Amelia Birnie

Mineral sands producer Iluka Resources is threatening a dismissal bid in a shareholder class action it has spent $2 million fighting over the past year, amid concerns proposed security could be inadequate and the applicant has still to finalise an agreement with a litigation funder.

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