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Personal injury firm raises ‘serious concerns’ about irregularity of fees class action
Class Actions 2020-10-28 1:04 pm By Cat Fredenburgh Melbourne

A personal injury law firm is seeking to shut down a class action alleging it charged clients unreasonable fees, telling the court that there were “serious concerns” about the irregularity of the proceedings and the conduct of the lawyer running it.

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7-Eleven says courts have no power to ever make a common fund order
7-Eleven 2020-10-27 11:51 pm By Christine Caulfield Melbourne

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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ACCC takes Agrison to court over warranty representations
ACCC 2020-10-27 10:49 pm By Cat Fredenburgh Melbourne

The consumer watchdog has filed court proceedings against agricultural equipment supplier Agrison for allegedly misleading tractor purchasers about its warranties and after-sales services.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Alexander Edwards 2020-10-27 8:48 pm By Miklos Bolza Sydney

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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Hungry Jack’s stands by ’25 per cent more beef’ claim in McDonald’s burger battle
Addisons 2020-10-27 7:25 pm By Spencer Fowler Steen Melbourne

Hungry Jack’s is doubling down on its claim that its ‘Big Jack’ burger has 25 per cent more beef than rival McDonald’s ‘Big Mac’, denying the US fast food company’s allegation that its beefier burger brag, made in a recent cheeky television ad, is misleading and deceptive.

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Law firms behind competing AMP class actions fight consolidation
AMP 2020-10-27 4:37 pm By Cat Fredenburgh Melbourne

A showdown over two competing class actions against AMP is set down for December, and the applicants will have to persuade the judge overseeing the cases that they should not be consolidated.

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Rabbi loses appeal in defamation case over Royal Commission comments on child sex abuse
Appeals 2020-10-26 10:52 pm By Cat Fredenburgh Melbourne

A Sydney rabbi who told the Royal Commission into Child Sexual Abuse that he did not know touching a child’s genitals was a crime has lost his appeal of a ruling throwing out defamation proceedings he brought against Nationwide News and SBS.

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‘Stock Swami’ Twitter account says no reasonable person would believe tweets about Tolga Kumova
Craddock Murray Neumann 2020-10-26 10:32 pm By Christine Caulfield Melbourne

The operator of the Stock Swami Twitter handle has responded to a defamation case brought by mining entrepreneur Tolga Kumova, saying a reasonable reader would not consider his tweets a reliable source of factual information about the businessman.

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Group members no worse off if Pitcher Partners class action dropped, court told
Accounting 2020-10-26 6:58 pm By Miklos Bolza Sydney

Dropping a class action against accounting firm Pitcher Partners over Slater & Gordon’s disastrous acquisition of UK professional services firm Quindell will leave group members no worse off than they were when the proceeding first commenced, the Federal Court has heard.

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CoreLogic must hand over documents for potential data scraping copyright case
Construction 2020-10-26 6:50 pm By Miklos Bolza Sydney

Construction information service provider BCI Media Group has won its bid for preliminary discovery against property data analytics firm CoreLogic Australia, which is suspected of breaching copyright by gaining unauthorised access to BCI’s subscription platforms and data scraping for leads.

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