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BHP appeals ruling allowing foreign group members in shareholder class action
Alistair Pound 2020-12-14 4:53 pm By Miklos Bolza Sydney

BHP Group Ltd has appealed a ruling allowing foreign group members to be part of a shareholder class action against the mining giant over the Fundao dam failure in Brazil five years ago.

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Judge allows Neurim to seek additional damages in patent suit over insomnia drug
Ben Mee 2020-12-14 3:18 pm By Miklos Bolza Sydney

Neurim Pharmaceuticals can seek limited additional damages in a patent infringement case relating to its insomnia drug Circadin, after a judge granted a mid-trial bid to amend its pleadings against Generic Partners and Apotex.

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Judge wants to avoid ‘behemoth’ trial in $500M combustible cladding class action
Amelia Smith 2020-12-14 2:38 pm By Spencer Fowler Steen Melbourne

A judge overseeing two class actions over allegedly flammable combustible cladding used in buildings throughout Australia says he will likely keep the trials separate to avoid a ‘behemoth’ hearing.

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Reckitt’s ‘weak’ case dooms bid to kill Raid Max ads
Addisons 2020-12-14 1:16 pm By Christine Caulfield Sydney

A judge has dismissed an attempt by a Reckitt Benckiser unit to block Raid insect spray ads by rival SC Johnson , saying the consumer goods giant had a “weak” prima facie  case based on “excessively literal and strained” interpretations of the ads.

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‘Risky, illiquid and speculative’: Class action launched over Mayfair’s failed IPO Wealth Fund
Class Actions 2020-12-14 1:03 pm By Miklos Bolza Sydney

A class action has been filed against the trustee and responsible entity of the Mayfair Group’s IPO Wealth Fund, which was wound up in September after $86 million of investor funds were lost.

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Law firm’s ‘overly combative manner’ prompts independent counsel appointment in bushfire class actions
Andrew Fraatz 2020-12-11 11:58 pm By Christine Caulfield Melbourne

A judge will appoint an independent barrister to determine the allocation of settlement proceeds between insured group members and their insurers from two St Patrick’s Day bushfire class actions, finding that the ‘overly combative’ conduct of law firm Maddens warranted the appointment despite the extra costs involved.

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McGowan says Clive Palmer can’t defend truth of criminal cover up imputation
Carmel Galati 2020-12-11 10:50 pm By Spencer Fowler Steen Melbourne

Billionaire Clive Palmer cannot defend the truth of alleged defamatory imputations that Western Australia Premier Mark McGowan tried to “cover up” criminal acts and was “corrupt”, the premier’s barrister has told the court.

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Banksia funder’s son would have confided in friend had he known of dad’s deception, court told
Andrew Palmer 2020-12-11 10:43 pm By Christine Caulfield Melbourne

The son of the funder behind a class action at the centre of scandalous misconduct claims says he would have sought advice from a family friend if he had realised his father and counsel leading the case were misleading the court to inflate their profits from a $64 million settlement.

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Whistleblower laws don’t apply retrospectively, judge says in ANZ bank trader’s case
ANZ 2020-12-11 5:50 pm By Cat Fredenburgh Melbourne

A judge has thrown out the portion of a lawsuit brought by an ANZ trader who was sacked in 2015 that was brought under enhanced whistleblower protections that took effect in 2019, saying the civil remedy provisions do not apply retrospectively.

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Spotless on the hook for redundancy entitlements after High Court declines special leave
Appeals 2020-12-11 2:26 pm By Cat Fredenburgh Melbourne

The High Court will not hear cleaning services giant Spotless Group’s challenge to a ruling that found it must pay redundancy entitlements to a group of workers it sacked.

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