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ACCC dragging its feet with Captain Cook case, court hears
Claire Schneider 2018-11-23 3:11 pm By Miklos Bolza Sydney

Vocational education provider Captain Cook College has panned the ACCC for delaying its recently filed case against the college by failing to prepare a statement of claim, despite already publicising the proceedings.

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Reckitt wants answers from AFT about Maxigesic ads
Alastair Vincent 2018-11-22 8:22 pm By Miklos Bolza Sydney

Consumer goods giant Reckitt Benckiser is seeking more information after advertisements for rival AFT Pharmaceuticals’ Maxigesic painkiller were found in-store and online despite the court ordering the removal of the misleading displays earlier this month.

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Funder in Dick Smith class action won’t guarantee lower commission amid delays
Alan Shearer 2018-11-22 4:53 pm By Miklos Bolza Sydney

Litigation funder Investor Claim Partner won’t promise it will maintain a lower commission rate in one of the Dick Smith class actions if mediation is delayed to next year.

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Ben Roberts-Smith accuser fears for safety in defamation trial
Bruce McClintock 2018-11-22 4:35 pm By Miklos Bolza Sydney

A key prospective witness in the Ben Roberts-Smith defamation case who has accused the war hero of domestic violence has described “genuine fears” for her mental and physical health if her identity were made public.

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What you need to know about the GetSwift ruling
Analysis 2018-11-21 11:55 pm By Christine Caulfield Melbourne

The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.

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Law firms avoid courtroom showdown with novel CBA class actions deal
Class Actions 2018-11-21 11:36 pm By Cat Fredenburgh Melbourne

Maurice Blackburn and Phi Finney McDonald have sidestepped a competing class action battle in the high-stakes litigation against Commonwealth Bank of Australia over alleged breaches of money laundering laws, with the firms proposing to jointly lead a consolidated class action against the bank.

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Breakaway law firm loses copyright spat over Kaden Boriss name
Andrew Crowe 2018-11-21 9:44 pm By Miklos Bolza Sydney

Two founders of the Kaden Boriss international network of law firms have had a copyright case over the company’s name and logo thrown out, after a heated spat between partners led to the break-off of the group’s Sydney office.

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Ponzi schemer Samra drew funds at ‘near excess’, BankSA admits
Allens 2018-11-21 8:41 pm By Miklos Bolza Sydney

Westpac-owned BankSA has admitted that convicted Ponzi schemer Michael Samra withdrew funds at “near excess” of the bank’s limits and had insufficient money to honour cheques drawn on his company’s bank account.

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Dick Smith shareholder must join class action to pursue claims, judge says
Allens 2018-11-20 11:17 pm By Cat Fredenburgh Melbourne

A Dick Smith shareholder has lost his bid to bring a separate proceeding against the failed home goods retailer while two class actions are afoot.

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Commonwealth denied costs in class action by detained asylum seekers
Chief Justice Debra Mortimer 2018-11-20 9:49 pm By Cat Fredenburgh Melbourne

The scope of the government’s power to detain individuals is “a matter of considerable public importance”, a judge has said, shooting down the Commonwealth’s bid for costs after it won the dismissal of a class action brought on behalf of asylum seekers who allege they were unlawfully imprisoned in Australian immigration detention centres.

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