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After drawing scrutiny from judge, toxic foam class action funding structure revealed
Class Actions 2019-04-23 10:41 pm By Christine Caulfield Melbourne

The sought-after commission at the centre of an unsuccessful common fund application in a class action over the use of toxic foam at a RAAF base near Katherine, NT has been revealed as 15% of any gross recovery in the case plus up to three and a half times the funder’s costs.

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Funder in class action against RMBL wants 30% commission if case drags on past August
Class Actions 2019-04-23 9:13 pm By Christine Caulfield Melbourne

The litigation funder backing a consumer protection class action against mortgage lending and investment firm RMBL Investments will earn a step-up commission of 30% if the case continues into September, according to a proposed common fund order.

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Sydney Zoo’s planned launch draws more legal scrutiny
Addisons 2019-04-23 9:00 pm By Cat Fredenburgh Melbourne

After putting to rest a trademark dispute with the Taronga Zoo, the still unopened Sydney Zoo is facing another legal challenge from a competing zoo alleging it is threatening to violate the terms of its development consent.

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Ernst & Young might get dragged into Slater & Gordon class actions
Class Actions 2019-04-23 4:48 pm By Christine Caulfield Melbourne

Accounting firm Pitcher Partners, which is facing two shareholder class actions over auditing work for Slater & Gordon, is considering filing claims of its own against the law firm’s current auditor, Ernst & Young.

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Appeals court revives $20M tip fire class action against NSW council
Acting Justice Ronald Sackville 2019-04-23 3:07 pm By Cat Fredenburgh Melbourne

An appeals court has revived a class action against a NSW council over loss and damage resulting from a 2009 tip rubbish fire, and awarded the lead applicant over $100,000 in damages.

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Lendlease hit with shareholder class action over engineering business disclosures
Class Actions 2019-04-18 2:30 pm By Cat Fredenburgh Melbourne

Construction giant Lendlease has been hit with a class action over allegedly inadequate disclosures relating to its engineering and services business, which includes the NorthConnex tunnel road project in Sydney.

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Ticket reseller Viagogo duped customers, court finds
Competition & Consumer Protection 2019-04-18 1:38 pm By Cat Fredenburgh Melbourne

Ticket reseller Viagogo will face penalties after the court found it duped customers into thinking it was an official ticket vendor and failed to disclose booking fees of around 28 per cent, causing some customers to pay hundreds of dollars more than what their tickets were actually worth.

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Zoetis appeals security of costs ruling in horse vaccine class action
Class Actions 2019-04-18 1:01 pm By Cat Fredenburgh Melbourne

Horse vaccine maker Zoetis has appealed a ruling that denied its request for $450,000 as security for costs in an unfunded class action accusing it of failing to warn about the vaccine’s side effects.

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High Court refuses special leave to losing GetSwift class action
Appeals 2019-04-18 10:48 am By Christine Caulfield Melbourne

The battle over competing shareholder class actions against logistics tech company GetSwift is over, with the High Court rejecting a bid by one of the losing class action applicants to take another look at their case.

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‘One more thing’: Apple can’t stop Swatch from trade marking fave Steve Jobs phrase
Clayton Utz 2019-04-17 9:48 pm By Cat Fredenburgh Melbourne

Apple founder Steve Jobs’ penchant for using the phrase “One more thing” as a rhetorical flourish during his highly anticipated “Stevenote” talks — usually before unveiling a new Apple product — does not constitute a trade mark use, according to a decision quashing Apple’s opposition to watch maker’s Swatch’ application to trade mark the phrase in Australia.

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