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Judge hints at broad powers to make common fund orders at class action settlement
Class Actions 2020-02-13 6:37 pm By Miklos Bolza Sydney

Future orders putting all class action group members on the hook for a funder’s commission in the wake of the High Court’s common fund ruling could be made under the court’s broad equitable powers, not just statutory power, a Federal Court judge has hinted.

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Law firms behind Monsanto competing class actions can’t seem to get along
Agriculture 2020-02-13 2:47 pm By Miklos Bolza Sydney

The law firms running two competing product liability class actions against chemical giant Monsanto over its allegedly cancer-causing weed killer have been unable to reach agreement on how they will jointly manage the cases, a court has heard.

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Fairfax slammed for ‘very unhelpful’ defence in Elaine Stead defamation case
Banki Haddock Fiora 2020-02-13 12:43 pm By Miklos Bolza Sydney

Nine-owned Fairfax Media has been sent back to the drawing board to redo what a judge called a “very unhelpful” defence to a defamation lawsuit brought by venture capitalist Elaine Stead over articles that appeared in the Australian Financial Review about her role in the collapse of fund manager Blue Sky Alternative Investments.

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Judge clears $15B Vodafone, TPG deal in latest merger challenge loss for ACCC
ACCC 2020-02-13 11:21 am By Christine Caulfield Melbourne

Vodafone has won its case against the ACCC over its proposed merger with rival telecommunications company TPG, with a judge ruling the tie-up would not substantially lessen competition and had a real chance of becoming a “competitive force” against the two dominant players in the market, Telstra and Optus.

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Rural Funds wins unprecedented case against activist short seller Bonitas
Agriculture 2020-02-12 10:55 pm By Cat Fredenburgh Melbourne

Australian agricultural fund manager Rural Funds Group has won its legal action alleging US short seller Bonitas Research engaged in misleading and deceptive conduct when it described the group’s equity as “ultimately worthless” and sent its share price plummeting.

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McDonald’s franchisee says law doesn’t entitle staff to use the toilet whenever they want
Employment 2020-02-12 3:35 pm By Christine Caulfield Melbourne

A McDonald’s franchisee has hit back at claims it threatened staff with cruel and inhumane working conditions by telling employees they could not go to the toilet during their shift outside a 10-minute paid break, saying the law doesn’t give workers the right to go to the bathroom whenever they want to.

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Funder to continue backing Westpac insurance class action, for now
Alec Leopold 2020-02-12 11:43 am By Miklos Bolza Sydney

The funder behind a class action against Westpac over allegedly excessive insurance premiums has confirmed that it will continue backing the case despite earlier concerns it may pull out in the wake of the High Court’s landmark ruling on common fund orders.

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AMP to face class action over sale of ‘inflated’ insurance policies
AMP 2020-02-12 10:29 am By Cat Fredenburgh Melbourne

AMP will face a class action alleging its financial representatives pushed AMP inflated insurance policies onto 100,000 customers despite knowing that better policies could be found through other providers.

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VW appeals record $125M penalty over ‘dieselgate’ scandal
ACCC 2020-02-12 9:24 am By Cat Fredenburgh Melbourne

Volkswagen has appealed a record $125 million penalty handed down over its emissions cheating scandal by a judge who criticised a $75 million settlement agreement with the Australian Competition and Consumer Commission as “manifestly inadequate”.

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Canadian trader seeks to revive $10M defamation case against ASIC
Appeals 2020-02-11 10:47 pm By Cat Fredenburgh Melbourne

A Canadian trader is appealing a ruling that threw out his $10 million defamation case against the Australian Securities and Investments Commission over allegedly defamatory communications the regulator sent to major stockbrokers.

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