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ACCC takes Fuji Xerox to court over ‘unfair’ contract terms
ACCC 2020-10-22 1:45 pm By Cat Fredenburgh Melbourne

The consumer watchdog has filed court proceedings against Fuji Xerox alleging the Japanese print giant’s standard form contracts with small businesses contain a bevvy of unfair contract terms that could cause them harm.

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Worley ruling the latest setback for shareholder class actions
Alexander Edwards 2020-10-23 5:48 pm By Christine Caulfield Melbourne

A judge’s decision to throw out a shareholder class action against engineering company Worley is a loss for plaintiffs lawyers and could result in fewer listed companies willing to settle cases alleging they breached their disclosure obligations, but the ruling is not likely to have a significant chilling effect on securities litigation.

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LiveTiles to pay $8.4M to settle lawsuit by CEO’s brother
Arnold Bloch Leibler 2020-10-22 7:01 am By Cat Fredenburgh Melbourne

Software company LiveTiles will pay $8.445 million to settle litigation brought by Microsoft solutions provider nSynergy’s founder Keith Redenbach against his brother, LiveTiles CEO Karl Redenbach, alleging he diverted tens of millions of dollars in nSynergy’s assets, including LiveTiles.

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Judge rejects Covidien’s bid for security in unfunded pelvic mesh class action
AJB Stevens 2020-10-21 10:57 pm By Christine Caulfield Melbourne

Medical device maker Covidien has lost a bid to have the applicant in a product liability class action over allegedly defective pelvic mesh front $300,000 as security for its legal costs in the event it wins the case.

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Class actions and litigation funding reform: The views of class action practitioners
Class Actions 2020-10-21 9:05 pm By WP Creative

A sense of frustration with current uncertainty in the caselaw and inconsistency in the approaches of judges was a prominent theme that emerged from personal interviews with 30 experienced class action practitioners conducted over two months by Dr Peter Cashman and Amelia Simpson of the University of New South Wales.

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No relief: AFT appeals Reckitt-Benckiser win over Maxigesic ads
Alastair Vincent 2020-10-21 4:12 pm By Christine Caulfield Melbourne

The maker of pain killer Maxigesic is taking its long-running battle with Nuromol manufacturer Reckitt Benckiser to an appeals court after a recent ruling that its advertising misled consumers by claiming Maxigesic provided better, faster and more effective pain relief than paracetamol or ibuprofen.

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Class action to be filed against Monash IVF over discarded embryos
Class Actions 2020-10-21 3:33 pm By Miklos Bolza Sydney

A Victoria Supreme Court class action will soon be filed against fertility clinic Monash IVF seeking compensation for women who allegedly had viable embryos discarded thanks to inaccurate genetic testing.

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AUSTRAC’s record $1.3B penalty for Westpac’s money laundering breaches wins court OK
Allens 2020-10-21 2:50 pm By Christine Caulfield Melbourne

A judge has given the greenlight to AUSTRAC’s $1.3 billion penalty against Westpac over the bank’s 23 million breaches of money laundering and counter-terrorism laws, the biggest regulatory fine ever paid by an Australian company.

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‘You need to pick your game up’: Judge dresses down lawyer of Zarah Garde-Wilson in Google review case
Defamation 2020-10-21 1:50 pm By Miklos Bolza Sydney

A solicitor who failed to respond to calls from the Federal Court has been criticised by a judge for filing what appeared to be a “deficient” application in a case run on behalf of gangland lawyer Zarah Garde-Wilson in her bid to obtain details from Google over the identity of an online reviewer.

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Societe Generale hit with $30,000 penalty for criminal breaches of client money rules
ASIC 2020-10-21 1:08 pm By Christine Caulfield Melbourne

The Australian unit of French investment bank Société Générale must pay a $30,000 penalty after pleading guilty to four counts of breaching client money handling rules.

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