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ATO appeals ruling in $60M dispute with Healius over lump sum payments
Appeals 2020-01-15 12:24 pm By Miklos Bolza Sydney

The Australian Taxation Office has appealed a Federal Court judgment that healthcare company Healius could recover a tax refund and associated interest estimated to be worth about $60 million.

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Surfstitch class action members may be better off bailing out of settlement
Arnold Bloch Leibler 2020-01-15 10:28 am By Miklos Bolza Sydney

Unfunded group members in two shareholder class actions against online fashion retailer Surfstitch have been told they are likely better off to opt out of a settlement if a judge approves $6 million in fees and a 30 per cent commission sought by the law firms and funder that brought the cases.

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BlueScope tried to protect ‘invalid monopoly’ by withholding trade secrets, judge says
Adrian Ryan 2020-01-14 11:55 am By Miklos Bolza Sydney

BlueScope’s decision to hide its trade secrets has doomed its patent infringement lawsuit against South Korean rival Dongkuk Steel, with a judge dismissing the case and invalidating two of the steel giant’s patents.

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Judge says no need to clarify referees’ role in PFAS class actions
Class Actions 2020-01-10 5:05 pm By Cat Fredenburgh Melbourne

The judge overseeing three class actions against the Commonwealth alleging contamination from the use of toxic firefighting foam at three naval bases has shot down the plaintiffs’ bid for a formal communication reminding two referees of their role in the proceedings.

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Top 10 class action settlements of 2019
Adam Hochroth 2020-01-09 11:21 pm By Christine Caulfield Melbourne

Companies and other defendants forked over big sums last year to settle more than 20 class actions, with a total of at least $734 million being paid out. Here are the top 10 class action settlements and the law firms and funders that negotiated them. 

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Ex-Norton Rose partner can’t block King & Wood Mallesons from acting for former firm
Appeals 2020-01-07 10:17 pm By Cat Fredenburgh Sydney

A former Norton Rose Fulbright partner has lost his bid to block King & Wood Mallesons and two barristers from representing the law firm in a long-running feud over his termination, with an appeals court calling his allegations against the legal team “unfounded and misconceived”.

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Dam operators haven’t ruled out appeal in Queensland floods class action
Class Actions 2019-12-20 10:38 pm By Cat Fredenburgh Melbourne

Dam operators Seqwater and Sunwater have not ruled out appealing a judgment that found they, along with the state of Queensland, were negligent in the 2011 floods in the Southeast region of the state that left over 2,000 homes destroyed.

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‘Australia’s largest class action’ turns to bookbuilding after common fund blow
Amy Munro 2019-12-19 6:04 pm By Miklos Bolza Sydney

A planned class action by Shine Lawyers, pegged as “Australia’s largest class action,” over allegedly toxic firefighting foam at eight Commonwealth military bases won’t be filed this month and has turned to bookbuilding following a landmark High Court ruling striking down common fund orders at the outset of class actions.

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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Arnold Bloch Leibler 2019-12-16 9:27 pm By Miklos Bolza Sydney

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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De-classing threat revived as 3A Composites slams ‘simply shambolic’ combustible cladding action
Amelia Smith 2019-12-16 9:25 pm By Miklos Bolza Sydney

German cladding manufacturer 3A Composites has again threatened to call for the de-classing of a class action brought over allegedly combustible cladding, slamming the case against it as “simply shambolic” and the conduct of the applicant as “utterly irresponsible”.

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