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Judge questions vulnerability of group members in Robodebt class action
Andrew Roe 2020-11-11 2:40 pm By Miklos Bolza Sydney

A judge has expressed doubts that every group member in the Robodebt class action is vulnerable, as the parties gear up for two-week trial in the high-profile case over the unlawful debt recovery method that begins Monday.

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Clive Palmer’s lawyer doubtful McGowan defamation suit can settle in mediation
Carmel Galati 2020-11-10 9:47 pm By Miklos Bolza Sydney

A barrister for billionaire Clive Palmer has expressed doubt that the mining magnate’s defamation case against Western Australia Premier Mark McGowan can be resolved in mediation.

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Funder to seek 30% cut from $9.5M McMillan Shakespeare class action settlement
ASIC 2020-11-10 9:46 pm By Cat Fredenburgh Melbourne

The funder that backed a class action against McMillan Shakespeare over ‘illusory’ car warranties, which settled for less than 20 per cent of the $47.6 million claim value, will seek court approval for a 30 per cent cut of the $9.5 million settlement.

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Climate change lawsuit ‘hopelessly defective’, court told
Australian Government Solicitor 2020-11-10 2:44 pm By Miklos Bolza Sydney

The Federal Government has critised as “hopelessly defective” a lawsuit alleging it failed to disclose the impacts of climate change to investors in sovereign bonds, and the judge overseeing the matter has also raised concerns about the case.

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Litigation funder wins appeal over security for costs in Fair Work class actions
Adero Law 2020-11-10 2:25 pm By Christine Caulfield Melbourne

Litigation funder Augusta Ventures has won its challenge to a landmark ruling that it pay $3.1 million in security for the costs of two Fair Work class actions it is financing on behalf of casual mine workers.

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Trendy Aussie handbag not a work of artistic craftsmanship, court rules
Gadens 2020-11-10 12:53 pm By Christine Caulfield Melbourne

The Australian maker of a trendy neoprene handbag sold at high-end retailers has lost a copyright lawsuit over alleged knockoffs, with a judge finding the tote was at most an “evolution in styling” and not a work of artistic craftsmanship with copyright protection.

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Class action beauty parade takes centre stage at High Court
Adam Hochroth 2020-11-09 10:56 pm By Christine Caulfield Melbourne

The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge’s power to choose a single class action among competing proceedings and what, if anything, should be made of a case’s funding structure and likely returns to group members when picking a winner.

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McMillan Shakespeare to pay $9.5M to settle $47.6M class action
ASIC 2020-11-09 3:01 pm By Miklos Bolza Sydney

The lead applicant in a $47.6 million class action against McMillan Shakespeare over ‘illusory’ car warranties will seek court approval for a $9.5 million settlement, less than 20 per cent of the claim value.

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Fuji Xerox can’t strike out EY, ex-director’s defences in case over $450M accounting scandal
Accounting 2020-11-09 2:49 pm By Cat Fredenburgh Melbourne

A judge has denied Fuji Xerox’s attempt to strike out parts of the defences of Ernst & Young and a former Fuji director in a lawsuit over alleged massive accounting irregularities.

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Glencore largely prevails in ATO appeal over $92M tax fight
Appeals 2020-11-06 9:57 pm By Miklos Bolza Sydney

Mining giant Glencore has mostly defeated an appeal by the Australian Taxation Office in their tax fight, and will only have to pay $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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