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First ruling on class action firm’s contingency fee bid imminent, judge says
Class Actions 2021-08-03 3:32 pm By Cindy Cameronne

A landmark ruling on a bid for a contingency fee in a class action is close, a judge said Tuesday as she heard argument in a class action against Treasury Wine Estates on whether an opt out notice should be sent to shareholders ahead of a group costs order.

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a2 Milk urges court to register ‘slightly mysterious’ trade marks
Appeals 2021-07-27 5:00 pm By Miklos Bolza

The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.

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‘Pretty unimpressed’: Judge reluctantly puts JLT class action on hold
Class Actions 2021-07-26 10:58 pm By Cindy Cameronne

A judge has put off next month’s trial in one of two class actions brought by local councils against insurance JLT Risk Solutions over allegedly excessive premiums, but said the adjournment application would likely have failed if either side had put up a fight.

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NT can’t keep settlement sum secret in detention centre class action
Chief Justice Debra Mortimer 2021-07-26 6:48 pm By Miklos Bolza

A judge has agreed to temporarily suppress publication of a deed of settlement in a class action against the Northern Territory by youth detainees but ruled disclosure of the settlement sum is in the interests of justice and should not be kept secret.

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Crane maker NQCranes blasts ACCC’s ‘bizarre’ new claims in cartel case
ACCC 2021-07-26 5:26 pm By Christine Caulfield

Queensland crane company NQCranes wants to strike out the bulk of the ACCC’s amended case alleging a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets, saying there was no evidence of the regulator’s new allegations of a second cartel agreement.

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Sparke Helmore wins stay of $1M negligence case for abuse of process
Andre Zahra 2021-07-26 3:56 pm By Miklos Bolza

Sparke Helmore has secured a temporary reprieve in a $1 million negligence lawsuit against it, with a NSW Supreme Court judge staying the case for two weeks to allow the plaintiff property developer, which has been described as a “rudderless” firm, to get its house in order.

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Judge vacates Westpac insider trading trial despite ‘misgivings’
Allens 2021-07-26 2:46 pm By Miklos Bolza

A judge has vacated next year’s trial in ASIC’s insider trading case against Westpac despite “misgivings”, and has made orders regarding confidential evidence after the Australian financial watchdog argued that handing the material to the bank could damage its relationship with its Hong Kong counterpart.

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CBA class action applicant can’t share in group members’ privilege, court finds
Alexandra Folie 2021-07-27 6:10 pm By Miklos Bolza

The lead applicant in a class action against CBA does not have the right to view fund management documents relevant to the case despite representing group members who share joint privilege with the bank over material, a judge has said, acknowledging the decision could create difficulties in class action proceedings.

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3A Composites fires off barrage of cross-claims in cladding class action
Adam Hochroth 2021-07-23 6:51 pm By Miklos Bolza

The number of lawyers involved in a class action against 3A Composites over allegedly combustible cladding is set to balloon, with the German cladding manufacturer lobbing cross-claims against nine different parties.

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Court throws out James Ashby’s lawsuit over $4.5M legal bill
Australian Government Solicitor 2021-07-23 6:37 pm By Cindy Cameronne

A judge has tossed One Nation chief-of-staff James Ashby’s lawsuit alleging the federal government breached the Fair Work Act by refusing to foot the bill for nearly $4.5 million in legal costs stemming from a dropped sexual harassment case against former House speaker Peter Slipper.

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