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Setka ordered to stop poaching of union members
Chief Justice Debra Mortimer 2020-11-11 10:48 pm By Cat Fredenburgh Melbourne

CFMEU official Michael O’Connor has successfully appealed a ruling that threw out his lawsuit seeking to restrain union heavyweight John Setka from poaching members from the union’s manufacturing division.

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One Nation joins class action reform pushback
Class Actions 2020-11-11 5:30 pm By Miklos Bolza Sydney

One Nation leader and senator Pauline Hanson will seek amendments to the government’s proposed class action reforms by permitting third party litigation funders to bring claims without a financial services licence if they can guarantee that at least 70 per cent of returns will go to group members.

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Shareholder locked in feud with funder drops stay bid in S&P class action
Banton Group 2020-11-11 3:44 pm By Miklos Bolza Sydney

A contractual dispute between a litigation funder and the lead applicant in a class action against S&P will not prevent the class action from progressing, with both parties giving undertakings to preserve the status quo while the feud remains on foot.

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Judge questions vulnerability of group members in Robodebt class action
Andrew Roe 2020-11-11 2:40 pm By Miklos Bolza Sydney

A judge has expressed doubts that every group member in the Robodebt class action is vulnerable, as the parties gear up for two-week trial in the high-profile case over the unlawful debt recovery method that begins Monday.

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High Court set to rule on patent exhaustion in ink cartridge case
Allens 2020-11-11 2:23 pm By Cat Fredenburgh Melbourne

The High Court will hand down its highly anticipated decision in a patent dispute between printer giant Seiko Epson and ink cartridge reseller Calidad on Thursday, a ruling expected to provide clarity on the the rights of businesses to modify patented goods.

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COVID-19 economic crisis, class actions and funded litigation
Class Actions 2020-11-11 12:30 pm By WP Creative

Will we see an increase in class actions and funded litigation following the COVID-19 financial crisis similar to that following the global financial crisis? If there is an onslaught of corporate failures, including failed managed investment schemes, then such litigation seems likely to ensue. However, in the last year, Parliament and the courts have taken steps which might slow such litigious activity, says Susan Goodman of Holding Redlich.

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Businesses will soon face fines for unfair contract terms
ACCC 2020-11-10 11:05 pm By Cat Fredenburgh Melbourne

Businesses will face fines for imposing unfair contract terms on consumers and small businesses under expected changes to Australian Consumer Law announced Tuesday.

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Healius to back pay doctors, nurses $15M after ‘widespread underpayments’
Employment 2020-11-10 10:20 pm By Christine Caulfield Melbourne

National medical centre operator Healius has agreed to pay back wages of $15.3 million to thousands of nurses, doctors and dentists after reporting “widespread underpayments” for over eight years.

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Clive Palmer’s lawyer doubtful McGowan defamation suit can settle in mediation
Carmel Galati 2020-11-10 9:47 pm By Miklos Bolza Sydney

A barrister for billionaire Clive Palmer has expressed doubt that the mining magnate’s defamation case against Western Australia Premier Mark McGowan can be resolved in mediation.

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Funder to seek 30% cut from $9.5M McMillan Shakespeare class action settlement
ASIC 2020-11-10 9:46 pm By Cat Fredenburgh Melbourne

The funder that backed a class action against McMillan Shakespeare over ‘illusory’ car warranties, which settled for less than 20 per cent of the $47.6 million claim value, will seek court approval for a 30 per cent cut of the $9.5 million settlement.

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