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Dam operators, Queensland face ‘very large’ costs in floods class action
Class Actions 2020-11-03 1:27 pm By Spencer Fowler Steen Melbourne

Embattled dam operators Seqwater and Sunwater, along with the State of Queensland, have been hit with costs in a class action over the 2011 floods that destroyed 2,000 homes and claimed 12 lives.

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Court approves one of the first video opt out notices in a class action
Amelia Smith 2020-10-30 10:12 pm By Miklos Bolza Sydney

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

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Law firms behind competing AMP class actions fight consolidation
AMP 2020-10-27 4:37 pm By Cat Fredenburgh Melbourne

A showdown over two competing class actions against AMP is set down for December, and the applicants will have to persuade the judge overseeing the cases that they should not be consolidated.

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Surfstitch class action lawyers accused of breaching duties to shareholders
Class Actions 2020-10-22 10:36 pm By Christine Caulfield Melbourne

The lawyers behind two class actions against clothing retailer Surfstitch breached their duties to act in the best interests of shareholders, and their conduct should bar them from pocketing more than $6 million claimed in costs and commission in the protracted litigation, a court has heard.

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ATO wins appeal in $60M tax dispute with Healius
Appeals 2020-10-12 6:46 pm By Cat Fredenburgh Sydney

The Australian Taxation Office has secured a Full Federal Court victory in its $60 million tax battle with Healius, overturning a ruling that found the healthcare company could claw back a multi-million dollar tax refund.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield Melbourne

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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Delegate deflates Ann Taylor’s opposition to Nike’s ‘Aeroloft’ trade mark
Consumer Goods 2020-10-12 1:13 pm By Cat Fredenburgh Melbourne

US women’s clothing retailer Ann Taylor has come up short in its opposition to Nike’s bid to register the ‘Aeoroloft’ mark for its brand of lightweight fitness apparel, with an IP Australia finding the mark is not deceptively similar to Ann Taylor’s ‘Loft’ mark.

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Merck Sharp & Dohme drops lawsuit over Januvia patent
Healthcare 2020-10-09 2:25 pm By Cat Fredenburgh Melbourne

Merck Sharp & Dohme has dropped a lawsuit brought against a unit of Indian generic manufacturer Lupin for allegedly threatening to infringe the patent for its multibillion-dollar diabetes drugs Januvia and Janumet.

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‘The Ben Hur of cartel class actions’: Rate-rigging case comes under attack
Allen & Overy 2020-10-08 6:37 pm By Miklos Bolza Sydney

Five investment banks facing a class action for their alleged rigging of foreign exchange rates have slammed the “unclear” and “incredibly vague” case, saying it contains “literally trillions” of possible variations of the cartel agreement allegedly entered into.

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Queensland flood dam operator wants info behind Maurice Blackburn’s damages claim
Class Actions 2020-10-06 12:31 pm By Miklos Bolza Sydney

Dam operator Sunwater wants evidence from Maurice Blackburn, the law firm behind the landmark Queensland flood class action, showing how the applicant will calculate aggregate damages for around 6,800 group members.

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