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Judge criticised for ‘professional discourtesy’ after 75-day delay in publishing ruling
HWL Ebsworth Lawyers 2019-03-26 8:31 pm By Miklos Bolza Sydney

A Federal Court judge has criticised a Federal Circuit Court judge for the “professional discourtesy” he showed in his treatment of an Iranian refugee’s case, including delaying publication of judgment for 75 days after delivering his reasons orally.

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Judge refuses bid for common fund order in Westpac class action
Class Actions 2019-03-25 7:53 pm By Miklos Bolza Sydney

A court has dismissed an application for a common fund order in a class action against Westpac, saying the applicant in the Maurice Blackburn-led action had failed to sufficiently detail the case and had “shirked” its responsibility by launching the proceedings with a concise statement alone.

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Westpac slams Maurice Blackburn for racing to file home loans class action
Chris Caleo 2019-03-22 3:15 pm By Miklos Bolza Sydney

Banking giant Westpac has criticised Maurice Blackburn for rushing to file the first class action in the wake of the banking royal commission’s scathing final report, saying the self-appointed leading class action firm should know how to properly commence proceedings.

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Liquidator loses appeal to block evidence as ATO aims at 10 year ban
Appeals 2019-03-11 8:47 pm By Christine Caulfield Sydney

An appeals court has dismissed a challenge by Veritas Advisory principal liquidator David Iannuzzi to the admissibility of evidence submitted by the Australian Taxation Office in the agency’s case seeking compensation and a 10-year ban.

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WorleyParsons class action trial delayed in 11th hour judge swap
ACA Lawyers 2019-03-06 7:46 pm By Miklos Bolza Sydney

The trial in a much anticipated shareholder class action against engineering firm WorleyParsons scheduled to commence this week has hit a roadblock, with a last minute change in the judge that will hear the matter.

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Octaviar class action appeal ‘completely misconceived’, Full Court hears
Class Actions 2019-02-15 10:52 pm By Miklos Bolza Sydney

A judge’s decision to halt questioning about ASIC emails in a class action trial over the 2008 collapse of finance group Octaviar didn’t shut the case down, the Public Trustee of Queensland has told the Full Federal Court, calling the appeal of the class action’s dismissal “completely misconceived”.

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Motorola slams Hytera for ‘unprofessional’ 11th-hour affidavits in long-running IP suit
Cameron Moore 2019-02-15 10:05 pm By Miklos Bolza Sydney

Motorola has accused rival Hytera Communications of a “deliberate strategy” of filing late affidavits to throw Motorola off in an already highly contentious patent and copyright case over digital radio devices.

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Halted questioning about ASIC emails warrants Octaviar class action re-trial, court hears
Appeals 2019-02-14 9:42 pm By Miklos Bolza Sydney

Critical emails from ASIC regarding a $250 million loan facility to Octaviar Group before its 2008 collapse were not only overlooked by the Public Trustee of Queensland in its role overseeing the firm’s finances but were wrongly deemed irrelevant by the judge that heard the case, the Full Federal Court was told.

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Visa settles competition lawsuit over currency conversion ban
Arnold Bloch Leibler 2019-01-31 10:01 pm By Cat Fredenburgh Melbourne

Visa has resolved a lawsuit by a fintech founder alleging it misused its market power by banning the use of dynamic currency conversion services in several countries, including Australia and the US.

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Ford to face unconscionable conduct claim at marathon PowerShift trial
Allens 2019-01-24 3:16 pm By Miklos Bolza Sydney

Car giant Ford will face a claim of unconsionable conduct in a trial of a class action over its defective PowerShift transmission that is now scheduled to run twice as long as originally thought, but claims on behalf of second-hand Ford vehicle owners are out.

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