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Banksia judge faces possible recusal bid by companies linked to silk’s wife
Class Actions 2022-11-28 3:21 pm By Christine Caulfield

The judge whose ruling against the legal team behind the Banksia class action fraud helped redeem the battered reputation of the civil justice system may be asked to disqualify himself from the final fight in the drawn out case.

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Directed Electronics wins suit over ‘reprehensible’ theft by ex-manager
Adrian Ryan 2022-11-25 10:42 pm By Sam Matthews Melbourne

Automotive electronics company Directed Electronics has largely prevailed in a five-year-old lawsuit alleging a former manager misappropriated company information and reaped $3.6 million in commissions through a secret side agreement with South Korean giant Hanhwa.

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Court can’t use general power under class action regime to dispense with opt out notice, judge says
Class Actions 2022-11-25 10:26 pm By Sam Matthews Melbourne

A judge overseeing the Montara oil spill class action has found the Federal Court’s broad discretion under the class action regime is “outflanked” by the need to give group members a chance to opt out. But resolving that question on Thursday — which has divided the courts — caused a further wrinkle ahead of a hearing to weigh a settlement in the case.

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Sports betting class action may drop remaining claims against lawyer
Class Actions 2022-11-25 5:49 pm By Cindy Cameronne Sydney

The lead applicant in a class action on behalf of investors who sank $12.3 million into an allegedly fraudulent sports betting scheme run by convicted conman Peter Foster may drop the case after a partner in the scheme filed for bankruptcy.

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Silk’s COVID-19 diagnosis won’t delay students’ discrimination trial
Benjamin House 2022-11-25 5:25 pm By Christine Caulfield Sydney

A group of Jewish and Israeli former students who have accused a Victorian high school of allowing racially-charged bullying have defeated a bid by the state government to adjourn evidence at trial after its silk was diagnosed with COVID-19. 

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Government ditches ‘costs neutrality’ model in Respect at Work bill
Employment 2022-11-25 4:23 pm By Cindy Cameronne Sydney

The Albanese government has removed provisions from sex harassment legislation that passed the senate on Friday which would have forced parties to bear their own costs in harassment litigation, after dozens of lawyers expressed “deep concern”.

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Purdue unit sued over patent extension for opioid Targin
Healthcare 2022-11-24 11:53 pm By Cindy Cameronne Sydney

Australian pharmaceutical company AUPharma has sued the international arm of Purdue, alleging it was wrongly granted patent extensions for several oxycodone products marketed as Targin. 

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Jaguar Land Rover faces class action over allegedly defective diesel filters
Automotive 2022-11-24 11:39 pm By Sam Matthews Melbourne

Car manufacturer Jaguar Land Rover has been hit with a class action alleging it misled drivers over vehicles fitted with defective diesel particulate filters.

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Judge asks if tiered contingency fee ‘meaningless’ in Crown class action
Allens 2022-11-24 11:35 pm By Cindy Cameronne Sydney

A judge has questioned a tiered contingency fee arrangement in a proposed group costs order by the law firm running a shareholder class action against Crown, asking whether the lower-end percentages were “meaningless”.

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ACCC lays new turf with first standalone concerted practices enforcement outcome
Article 2022-11-24 10:05 pm By WP Creative

The ACCC has secured its first enforcement outcome related solely to the concerted practices provisions of the competition law, in a case that shows the watchdog is willing to take action to prevent what it sees as anti-competitive practices that include sharing sensitive price information, write Gilbert + Tobin’s Jeremy Jose, Sarah Lynch and Katie Latham.

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