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Security for costs not a matter of merits, CBA class action judge says
Alexandra Folie 2021-01-08 9:53 pm By Spencer Fowler Steen Melbourne

A fight over whether a class action applicant must fork over security for costs is not a matter of the strength of the case, says a judge presiding over a class action brought by superannuation holders against Commonwealth Bank of Australia and subsidiaries Colonial First State and Avanteos.

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GetSwift’s move to Canada wins court, FIRB approval after fierce opposition by ASIC
ASIC 2021-01-08 9:21 pm By Miklos Bolza Sydney

Last-mile logistics software company GetSwift has ceased trading on the ASX after its relocation to Canada got the greenlight by the Federal Court and FIRB despite the company facing ongoing litigation in Australia.

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ANZ, OnePath targeted in new class action over super fees
ANZ 2020-12-23 10:16 pm By Christine Caulfield Melbourne

Law firm Slater & Gordon has brought a class action against ANZ alleging former subsidiary OnePath Custodians breached its duties as a trustee of superannuation funds by slugging members with excessive fees to pay commissions to financial advisers.

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Facebook, Instagram waived right to arbitrate startup’s competition case
Competition & Consumer Protection 2020-12-23 6:41 pm By Cat Fredenburgh Sydney

Facebook and its subsidiary Instagram have lost a bid to shut down a lawsuit brought by an Australian social media startup, with a judge finding the digital giants relinquished their right to move the dispute to California.

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Court scraps mediation in ASIC case as Mayfair fails to retain Ashurst
Ashurst 2020-12-23 4:12 pm By Miklos Bolza Sydney

A judge has vacated a scheduled mediation in ASIC’s misleading and deceptive conduct case against three companies in the beleaguered Mayfair Group after they failed to procure legal representation despite assurances that lawyers would be engaged promptly.

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Unions take sick leave case for stood-down Qantas workers to High Court
Appeals 2020-12-23 4:10 pm By Christine Caulfield Melbourne

Unions for 20,000 Qantas workers on stand-down orders amid the coronavirus pandemic have asked the High Court to overturn a ruling that they are not entitled to access paid sick or compassionate leave.

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Monash IVF faces landmark class action over embryo destruction
Class Actions 2020-12-23 4:04 pm By Christine Caulfield Melbourne

Major fertility clinic Monash IVF has been hit with a class action on behalf of at least 100 men and women demanding damages for the destruction of potentially viable embryos.

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Toyota class action seeks aggregate damages for ‘significant impact’ of defects on fuel use
Amy Munro 2020-12-23 2:53 pm By Spencer Fowler Steen Melbourne

A lawyer for group members in a class action against Toyota is seeking aggregate damages relating to vehicle defects that allegedly had a “significant impact” on fuel consumption.

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Qantas outsourcing test case narrowed after judge criticises ‘extra layer of complication’
Employment 2020-12-23 2:23 pm By Miklos Bolza Sydney

The Transport Workers’ Union has amended its case against Qantas challenging a decision to outsource 2,000 jobs, after a Federal Court judge urged the union to consider narrowing the lawsuit against the airline.

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Cryptocurrency maker Ripple reaches settlement in PayID trade mark dispute
Clayton Utz 2020-12-23 1:54 pm By Spencer Fowler Steen Melbourne

US cryptocurrency maker Ripple Labs has reached a settlement with the company behind the PayID mobile banking system, ending months of litigation in their trade mark spat.

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