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Late judgment in ASIC case derails Quintis class action trial date
ASIC 2023-01-11 5:01 pm By Cat Fredenburgh

A judge has vacated an upcoming trial in shareholder class actions against former Quintis director Frank Wilson and Ernst & Young, after learning judgment in similar ASIC proceedings against Wilson will not be delivered before the class action hearing kicks off.

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Judge OKs Sims class action settlement, says funder can have commission and ATE insurance
Alexander Edwards 2023-01-11 3:46 pm By Christine Caulfield

After initial qualms, a judge has signed off on a $29.5 million settlement in a class action against recycling company Sims that includes a “staggering” $8.5 million in legal costs and an insurance policy buffering the funder from adverse costs.

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In-N-Out Burgers wins injunction in IP fight against ‘ghost kitchen’ operator
Baker McKenzie 2023-01-11 11:05 am By Sam Matthews Melbourne

American fast food chain In-N-Out Burgers has won an injunction against a Queensland ‘ghost kitchen’ that operates solely through meal delivery apps, after it failed to comply with court-ordered undertakings.

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Rejected costs report in Woolworths class action got proportionality wrong, judge says
Bernard Quinn 2023-01-10 11:02 pm By Sam Matthews Melbourne

A costs report in a settled class action against Woolworths that recommended almost $800,000 in legal fee deductions failed to wrestle with a key factor in weighing the proportionality of the costs, a judge has said.

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Applicant wants do-over in failed Zoetis horse vaccine class action
Appeals 2023-01-10 4:38 pm By Cat Fredenburgh

The applicant who lost a class action against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine has filed an appeal, arguing the judge should have found the vaccine was not of acceptable quality.

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Law firm must compete to administer $300M J&J class action settlement
Alec Leopold 2023-01-10 3:49 pm By Sam Matthews Melbourne

A judge has opened the administration of a $300 million settlement in a pelvic mesh class action to a competitive bidding process, shortly after another judge said law firms were not uniquely qualified to distribute class action spoils.

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Class action against WA on behalf of fine defaulters trashed
Class Actions 2023-01-10 2:13 pm By Cindy Cameronne

The Western Australian government has won its bid to strike out a class action that seeks damages for alleged discrimination against First Nations Australians detained for unpaid fines.

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Carnival ordered to pay $326,000 to passenger who suffered miscarriage
Gilchrist Connell 2023-01-10 1:48 pm By Sam Matthews Melbourne

Cruise operator Carnival PLC has been ordered to pay compensation to a passenger who suffered a miscarriage after evacuating from a cruise ship, with a judge finding the ship’s doctor gave her bad medical advice.

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Tolga Kumova wins $275,000 defamation judgment against Stock Swami
Barry Dean 2023-01-09 11:41 pm By Sam Matthews Melbourne

The man behind the Twitter handle Stock Swami has been ordered to pay $275,000 in damages to Tolga Kumova, after a judge found his tweets defamed the mining investor by accusing him of insider trading, misleading the market, and running a pump and dump scheme.

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Harvey Norman, Latitude file ‘fine print’ defence to ASIC claims
ASIC 2023-01-09 3:44 pm By Sam Matthews Melbourne

Retail giant Harvey Norman and consumer credit provider Latitude Finance have hit back at ASIC claims that they ran misleading ads for interest-free finance, saying reasonable consumers would have known additional conditions were laid out in the ads’ fine print.

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