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Profits a big motivator for big four banks in refusing to pass on interest rate cuts, ACCC says
ANZ 2020-04-27 9:35 pm By Christine Caulfield Melbourne

The Big Four banks were trying to shore up their profits when they refused to pass on home loan interest rate cuts to consumers in full last year, an interim report of an Australian Competition and Consumer Commission inquiry has found.

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Optus faces privacy class action over customer data breach
Class Actions 2020-04-27 4:35 pm By Alison Eveleigh Sydney

Communications giant Optus has become the first telco to be hit with a class action for breach of privacy, with 50,000 customers seeking compensation for disclosure of their personal details.

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Rejecting ‘highly experimental’ alternative, judge vacates Motorola, Hytera copyright trial
Angus Lang 2020-04-27 4:30 pm By Cat Fredenburgh Sydney

A judge has vacated the next stage of an intellectual property fight between Motorola and Hytera Communications because of laws prohibiting witnesses located in China from giving unauthorised evidence via videolink, rejecting a “highly experimental procedural remedy” proposed by Motorola.

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Judge rejects funder’s bid to send Banksia class action fee dispute to mediation
Arnold Bloch Leibler 2020-04-27 4:05 pm By Christine Caulfield Melbourne

The funder behind the Banksia Securities class action has failed in a bid to have an outstanding case over legal fees and its commission sent to mediation, with a judge saying the issues for trial involve allegations against lawyers of serious misconduct not appropriate for closed-door negotiations.

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Halifax liquidators’ decision to not realise investments gets court backing
Alec Leopold 2020-04-27 2:08 pm By Cat Fredenburgh Sydney

The liquidators of defunct stockbroker Halifax are justified in their decision to refrain from realising existing investments over the protests of some investors, until substantive issues in the liquidation are resolved, a court has directed.

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‘This case makes no sense’: Judge says ‘Love Is In The Air’ infringed, but no damages owed
Banki Haddock Fiora 2020-04-27 1:48 pm By Christine Caulfield Sydney

A judge has found that an Oregon electronic music duo “flagrantly” copied the 1977 disco hit ‘Love is in the Air’ but has rejected most claims for damages because the copyright holder of the song sued for each streaming and download of the song, rather than for the creation of the infringing work.

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Judge questions if High Court ruling allows common fund orders at settlement
Class Actions 2020-04-24 11:34 pm By Miklos Bolza Sydney

The judge presiding over the settlement approval hearing in a shareholder class action against telecommunications company Vocus Group has questioned whether the High Court’s recent ruling striking down common fund orders at the outset of class actions would allow him to make such an order at settlement.

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Scenic Tours passengers can claim damages for disappointment, High Court rules
Alicia Lyons 2020-04-24 11:14 pm By Christine Caulfield Melbourne

Passengers on a European river cruise operated by Scenic Tours can claim damages for disappointment after they were forced to take buses for most of their luxury tour, the High Court has ruled.

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Virgin administrators not on the hook for aircraft leases, for now
Clayton Utz 2020-04-24 6:41 pm By Alison Eveleigh Sydney

The administrators of Virgin Australia will not have to pay the troubled carrier’s aircraft and other lease payments, after a court granted them a temporary exemption from liability.

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Damages hearing in Queensland floods class action to go ahead despite appeal
Class Actions 2020-04-24 6:35 pm By Miklos Bolza Sydney

A hearing to determine damages in the Queensland floods class action will proceed next week despite an appeal brought by the two dam operators that were found liable for the 2011 floods in the state that destroyed 2,000 homes.

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