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Mining giant beats back challenge to lost profits claim in dispute over $2.5B WA iron ore mine
Appeals 2020-07-16 5:27 pm By Christine Caulfield Sydney

A subsidiary of US mining giant Cleveland-Cliffs has fought back a second bid to quash its counterclaim for lost profits in a contractual dispute over the lucrative Koolyanobbing iron ore mine, with the Western Australia Court of Appeal saying the claim was not “clearly untenable” as argued.

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COVID-19 contract termination sparks $5M legal row
Contracts 2020-07-16 5:07 pm By Miklos Bolza Sydney

Technology company Bluechiip has engaged lawyers seeking to recover around $5 million allegedly owed by California-based lab equipment manufacturer Labcon, which tore up a $15.9 million contract in the heart of the COVID-19 pandemic.

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Medibank ordered to pay $5M for misleading members over coverage for critical surgery
ACCC 2020-07-16 1:20 pm By Christine Caulfield Melbourne

A judge has ordered private health insurer Medibank to pay $5 million in penalties for rejecting the claims of hundreds of members who were entitled to coverage for critical medical procedures, including spinal surgery.

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Elaine Stead says in-person mediation ‘waste of time’ in Nine defamation case
Banki Haddock Fiora 2020-07-16 12:24 pm By Miklos Bolza Sydney

Venture capitalist Elaine Stead has refused to go into a second round of mediation in her defamation case against the Nine-owned Fairfax Media Publications saying it would be a “waste of time”.

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‘Horrendous class action journey’: BoQ case should be focus of inquiry, group members say
ASIC 2020-07-15 11:23 pm By Miklos Bolza Sydney

Elderly victims of Ponzi schemer Bradley Sherwin have told the government’s class action inquiry of their “horrendous class action journey”, which led to a “pathetic outcome” in which the majority of a $12 million settlement with the Bank of Queensland went to the law firm and funder behind the case.

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Westpac defends AUSTRAC disclosures in shareholder class action
AUSTRAC 2020-07-15 7:02 pm By Miklos Bolza Sydney

Westpac has denied claims in a shareholder class action filed in the wake of AUSTRAC proceedings alleging 23 million breaches of anti-money laundering and counter-terrorism finance laws, saying the information the class action says it should have disclosed to shareholders “did not exist”.

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COVID-19 has led to 30 per cent spike in FWC cases, president says
Coronavirus 2020-07-15 6:53 pm By Miklos Bolza Sydney

An increase in the number of unfair dismissal cases and the addition of JobKeeper disputes has seen the general caseload of the Fair Work Commission jump by 30 per cent as a result of the COVID-19 pandemic, FWC President Justice Iain Ross AO told Lawyerly.

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ASIC declined to take action on class action funding arrangement, inquiry told
ACCC 2020-07-15 6:50 pm By Alison Eveleigh Sydney

The corporate watchdog would not take action on funding terms in a Fair Work class action brought by Adero Law, after receiving reports of potential misleading or deceptive conduct by the law firm and the funder backing the case, according to submissions made in the government’s latest inquiry into litigation funding and class actions.

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Ford docs don’t contain trade secrets, class action judge says
Allens 2020-07-15 6:44 pm By Cat Fredenburgh Melbourne

The judge hearing a class action trial against Ford over its allegedly defective Powershift transmission has rejected the car maker’s argument that certain documents should be suppressed because they hold trade secrets, saying Ford did not invent the 6 Sigma problem solving method on which some of the reports were based.

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P&G says stores will stop stocking its whitening toothpaste if Colgate case isn’t fast tracked
Competition & Consumer Protection 2020-07-15 6:30 pm By Alison Eveleigh

Personal care giant Procter & Gamble has told a court that some of its Oral B teeth whitening products may be taken off retailer’s shelves if its lawsuit, which alleges competitor Colgate-Palmolive made misleading claims that its whitening toothpaste can remove 10 years of stains, is not expedited.

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