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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Allens 2019-02-05 10:50 pm By Miklos Bolza Sydney

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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ABC demands details from Michelle Guthrie before mediation in unfair sacking case
Ashurst 2019-02-05 9:58 pm By Miklos Bolza Sydney

The ABC has called for a “clearer articulation” of former managing director Michelle Guthrie’s unfair sacking claims against the broadcaster ahead of court-ordered mediation.

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BlueScope wins confidentiality order in Aurizon collusion case
Ashurst 2019-02-05 3:38 pm By Cat Fredenburgh Melbourne

The court overseeing the ACCC’s collusion case against rail freight operators Aurizon and Pacific National has granted a confidentiality request by BlueScope Steel over documents subpoenaed after the steel company told the court trucks were not a viable alternative for transporting its goods in Queensland.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Alec Leopold 2019-02-04 8:39 pm By Miklos Bolza Sydney

An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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Judge slams ‘extremely unhelpful’ Qantas defence in underpayment case
Ashurst 2019-02-01 11:17 pm By Miklos Bolza Sydney

A judge has taken Qantas to task over its defence in a Fair Work case brought by the Australian Licenced Aircraft Engineers Association union over alleged underpayments to LA-based mechanics, calling the document “extremely unhelpful”.  

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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Allens 2019-02-01 11:16 pm By Christine Caulfield Melbourne

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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Mylan loses lawsuit against Sun Pharma over cholesterol drug patents
Ashurst 2019-01-31 7:30 pm By Miklos Bolza Sydney

Generic drug maker Sun Pharma has emerged victorious in a lawsuit brought against it by Mylan relating to Sun’s plans to launch a generic version of cholesterol drug fenofibrate.

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Jones Day snags patent ace from Ashurst
Ashurst 2019-01-24 8:14 pm By Christine Caulfield Sydney

International law firm Jones Day has expanded its intellectual property team in Sydney, hiring experienced patent litigator Andrew Rankine from Ashurst as its second local partner.

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Judge waives opt out notice in HIH Insurance class actions
Ashurst 2019-01-09 11:41 pm By Cat Fredenburgh Melbourne

A judge has dispensed with the opt out notice requirement in two class actions filed in administration proceedings related to the spectacular collapse of HIH Insurance.

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Adero hits Hays, Stellar Personnel with employment class actions
Adero Law 2019-01-07 10:24 pm By Christine Caulfield Melbourne

Adero Law has filed class actions against labour hire companies Hays and Stellar Personnel on behalf of casual miners who allege they were entitled to accrued leave, on the eve of what’s expected to be a banner year for employment class actions in Australia.

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