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Judge makes first class action order giving law firm cut of proceeds
Claire Harris 2021-12-02 10:24 am By Cindy Cameronne Sydney

Saying the funding arrangement would eliminate the possibility that legal costs ate up the majority of any return to group members, a judge overseeing a shareholder case against G8 Education has issued the first ever group costs order in a class action.

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High Court shuns Apple’s last shot at shipping Epic Games dispute to US
Appeals 2021-12-02 2:26 pm By Cat Fredenburgh Melbourne

Apple has reached the end of the line in its attempts to move a competition dispute with Fortnite game maker Epic Games to California, with the High Court denying the tech company’s special leave application to appeal a judgment that found there were “strong reasons” for keeping the matter in Australia.

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Opal Tower engineer wins bid to probe scope of insurers indemnity of Icon
Alexander Barnett 2021-12-02 4:54 pm By Miklos Bolza Sydney

The structural engineer behind Sydney’s ill-fated Opal Tower can examine whether builder Icon Co has been indemnified for $31 million worth of damage which occurred in the 36-storey apartment block on Christmas Eve of 2018, a court has found.

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Cosmetics brand Mecca wins contract spat with Hourglass over COVID-19 closures
Andrew Di Pasquale 2021-12-02 4:23 pm By Miklos Bolza Sydney

Australian beauty and skincare retailer Mecca has triumphed in a lawsuit brought against US makeup brand Hourglass, which tried to terminate an exclusive distribution agreement because of the COVID-19 pandemic.

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More casuals class actions to be dropped in wake of High Court’s Rossato decision
Adam Hochroth 2021-12-01 3:35 pm By Miklos Bolza Sydney

Two law firms are seeking court approval to drop class actions brought on behalf of allegedly misclassified casual coal miners, in light of a High Court decision that “radically” decreased their chances of success.

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ACCC pressured ASIC to drop investigation into JPMorgan, court hears
ACCC 2021-12-01 8:57 pm By Cindy Cameronne Sydney

A senior ACCC officer tried to dissuade ASIC from investigating alleged insider trading by JPMorgan because of fears it would “upset” the competition regulator’s criminal cartel case over a $2.5 billion ANZ share placement, a court has heard.

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Acciona may have ‘difficulty’ persuading court in spat over $696M Kwinana project
Contracts 2021-11-30 2:19 pm By Bianca Hrovat Sydney

A judge has granted a 21-day stay of a lawsuit brought by Acciona, a Spanish infrastructure company seeking to use COVID-19 as a reason to back out of its construction contract for the $696 million Kwinana waste-to-energy plant, and has warned the company it faces a difficult task to persuade the court of its case.

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ACCC updated policies on witnesses after ‘flawed’ bank cartel probe, court hears
ACCC 2021-11-30 10:36 pm By Miklos Bolza Sydney

A senior ACCC officer was probed Tuesday on whether the competition regulator updated its guidelines for taking witness statements in July in response to criticism of investigators’ methods in the cartel probe over ANZ’s $2.5 billion share placement.

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PwC strikes back in class action over $50M Axsesstoday prospectus
Accounting 2021-11-30 6:30 pm By Cindy Cameronne Sydney

Professional services giant PricewaterhouseCoopers has hit back at a class action over a $50 million prospectus for Axsesstoday, filing a cross-claim against the asset finance lender and saying it “takes no responsibility” for allegedly defective offer documents.

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Mazda’s customer service ‘appalling’ and misleading, but not unconscionable, judge finds
Anna Garsia 2021-11-30 4:11 pm By Christine Caulfield Melbourne

Mazda’s treatment of customers with defective vehicles was “appalling” and its statements about their entitlement to a refund were false or misleading, a judge has found in a partial win for the ACCC.

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