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Judge greenlights MWL derivative suit against Focus Financial
Contracts 2019-01-07 11:42 am By Miklos Bolza Sydney

Majority shareholders in MWL Financial have won court approval to bring a derivative suit against US-based Focus Financial Partners over an acquisition gone sour.

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The unforgettable class action rulings of 2018
Class Actions 2019-01-04 11:37 pm By Christine Caulfield Melbourne

Last year was an exciting one for class action lawyers, with monumental court decisions on competing cases, cross-jurisdictional spats, proportionality in settlements and the power of judges to decide how a recovery is distributed. Here, top class action litigators tell us what the most significant rulings of 2018 were and why the decisions will continue to matter this year.

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Theft of Hastie audit docs from Deloitte’s litigation room ‘troubling’, judge says
Class Actions 2019-01-04 11:25 pm By Christine Caulfield Melbourne

In a situation a judge has called “extraordinary and troubling”, Deloitte’s files on failed construction company Hastie — sought as evidence by shareholders in a class action — have vanished from the accounting giant’s locked ‘litigation room’ and are now in the control of a single partner who refuses to return them.

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Ashley Services settles shareholder class action over $67M loss
Class Actions 2019-01-04 11:10 pm By Christine Caulfield Melbourne

A multi-million dollar settlement has been reached in a shareholder class action against private training company Ashley Services over its $67 million tumble two years ago.

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ASIC mulls appeal of Westpac ‘personal advice’ ruling
Allens 2019-01-04 10:31 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has not ruled out a challenge to a ruling that two Westpac subsidiaries didn’t provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Sanofi takes another stab at injunction in injector pen patent case
Appeals 2019-01-04 9:08 pm By Cat Fredenburgh Melbourne

French pharmaceutical giant Sanofi has appealed a judge’s ruling denying its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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Unilever’s case over Nivea deodorant stinks, judge finds
Allens 2019-01-04 12:08 am By Cat Fredenburgh Melbourne

Unilever’s allegations that consumer goods competitor Beiersdorf made misleading claims about its Nivea clinical strength deodorant products don’t pass the smell test, a judge has found.

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Casual worker test case to be heard by Full Court
Ashurst 2018-12-21 11:59 pm By Christine Caulfield Melbourne

A case that challenges the test for determining casual employment under the Fair Work Act is a matter of public importance and will be heard by the Full Federal Court, the court’s top judge has said.

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MP Emma Husar can claim Buzzfeed article implied she’s a ‘slut’
Defamation 2018-12-21 10:21 pm By Miklos Bolza Sydney

Online news publisher Buzzfeed will have to defend an allegation by Labor MP Emma Husar that an article it published implied she’s a “slut”, despite never actually using the word to describe the politician.

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Debt collector fined $750k for harassing stroke victim, single mum
Competition & Consumer Protection 2018-12-21 9:58 pm By Miklos Bolza Sydney

Debt collector ACM Group has been hit with a $750,000 fine for engaging in unconscionable conduct by misleading, harassing and coercing two vulnerable customers while chasing unpaid debts.

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