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Freedom Foods, Deloitte hit with second class action over $590M writedown
Arnold Bloch Leibler 2021-02-23 4:45 pm By Miklos Bolza Sydney

Food and beverage manufacturer Freedom Foods and accounting giant Deloitte have been hit with a second class action by irate investors seeking compensation for “accounting errors” that led to a $590 million write-down in November last year.

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Murray Goulburn insurer says it shouldn’t be on the hook for class action settlement
ASIC 2021-02-23 3:06 pm By Spencer Fowler Steen Melbourne

Murray Goulburn insurer AIG Australia says it should not have to pay 20 per cent of a $42 million class action settlement reached by the dairy cooperative, arguing on Tuesday that the class action claims failed to satisfy the definition of a “securities claim” in its insurance policy.

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Viagogo seeks stay of $7M penalty, citing ‘catastrophic effect’ of COVID-19 pandemic
ACCC 2021-02-23 2:29 pm By Miklos Bolza Sydney

Ticket reseller Viagogo is seeking a stay of a $7 million penalty in litigation brought by the ACCC in light of the “catastrophic effect” of the COVID-19 pandemic, as the company appeals a court’s finding that it misled customers on an “industrial scale”.

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Surfstitch class action lawyers’ conduct not ‘egregious’, but payout should be capped, judge says
Arnold Bloch Leibler 2021-02-22 3:19 pm By Miklos Bolza Sydney

A judge has signed off on a settlement in two shareholder class actions against clothing retailer Surfstitch, but has capped the legal costs and commissions sought by the litigation funders after finding the law firms behind the cases sent out notices to group members that were “misleading” and “understated” the risks of joining the class.

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Banks will try to quash ‘incomprehensible’ indictment in ANZ cartel case
ACCC 2021-02-22 1:26 pm By Miklos Bolza Sydney

Global investment banks and executives accused of engaging in criminal cartel conduct in relation to a $2.5 billion ANZ share placement in 2015 will seek to quash the “incomprehensible” indictment filed against them, claiming it is full of “fallacies”.

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Judge who called expert conclave a ‘car crash’ won’t recuse herself
Healthcare 2021-02-22 1:04 pm By Spencer Fowler Steen Melbourne

A judge has refused to disqualify herself from hearing a complex medical negligence lawsuit after she described an expert conclave as a “car crash”, citing concerns over a psychiatrist giving opinions about liability in a surgical setting.

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Judge says tweaking class closure order requires analysis of power, won’t go there
Adero Law 2021-02-19 11:52 pm By Christine Caulfield Melbourne

A judge has refused to extend the date by which Coles workers can register to join an employment class action against the supermarket giant as part of a class closure order, saying the amendment would force a hearing on his power to make the order.

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‘Novel and invasive’: Clive Palmer can’t get law firm docs for Queensland Nickel case
Andrew O'Brien 2021-02-19 10:59 pm By Miklos Bolza Sydney

Two Clive Palmer companies have again been blocked from accessing documents held by two law firms and a litigation funder to pursue a potential lawsuit against Queensland Nickel, with an appeal court dismissing the bid as “unmeritorious”.

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Hewlett-Packard loses appeal over sales commissions it capped ‘at whim’
Associate Justice Verity McWilliam 2021-02-19 5:21 pm By Christine Caulfield Melbourne

IT giant Hewlett-Packard Australia has lost its appeal of a judgment requiring it to cough up $370,000 in unpaid commissions to a former sales executive after a court found the company was not entitled to retrospectively cap her incentive payments ‘at whim’.

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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
7-Eleven 2021-02-19 4:07 pm By Miklos Bolza Sydney

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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