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Hytera can argue Motorola should have alerted it to stolen IP sooner, Full Court says
Angus Lang 2019-11-29 2:26 pm By Cat Fredenburgh Melbourne

The Full Federal Court has handed a win to Hytera in its high-stakes intellectual property litigation with Motorola, allowing the Chinese radio manufacturer to file an amended defence arguing Motorola should have alerted it to the alleged theft of its source code by former employees sooner.

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Ernst & Young denies it was negligent in goodwill review of Slater & Gordon’s Quindell deal
Class Actions 2019-11-29 1:50 pm By Christine Caulfield Melbourne

Accounting giant Ernst & Young, which has been dragged into two class actions by Slater & Gordon shareholders, has shot back at claims it was negligent in its 2015 audit report of the law firm’s UK division, which included a review of the firm’s disastrous acquisition of Quindell’s professional services arm that found no impairment on the goodwill value of the deal.

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Bondi Beach bar sues Aristocrat Technologies over ‘defective’ gaming machines
Aristocrat Technologies 2019-11-29 1:04 pm By Cat Fredenburgh Melbourne

A trendy Bondi Beach bar has dragged Aristocrat Technologies to court for allegedly selling it defective gaming machines that repeatedly froze when customers tried to use them.

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Dam operators found negligent in Queensland floods class actions
Adam Pomerenke 2019-11-29 11:41 am By Miklos Bolza Sydney

The NSW Supreme Court has ruled against the operators of two Queensland dams as well as the state government, finding they were vicariously liable for the negligence of flood engineers in the 2011 Southeast Queensland floods that destroyed over 2,000 homes.

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With class actions likely, Westpac gives share purchasers a way out
ASIC 2019-11-28 11:34 pm By Cat Fredenburgh Melbourne

Embattled banking giant Westpac may be seeking to limit its potential liability in any shareholder class actions it may face in the wake of AUSTRAC’s lawsuit alleging 23 million breaches of anti-money laundering and counter-terrorism financing laws, with the bank offering to refund some of those that purchased shares as part of a $2.5 billion capital raising.

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Class actions get boost with contingency fees bill in Victoria
Business of Law 2019-11-28 10:48 pm By Christine Caulfield Melbourne

Plaintiffs lawyers running class actions in Victoria will be free to charge contingency fees under new legislation introduced by the Labor government this week, a move that will see a boost in class actions brought in the state and has prompted calls for the Federal Government to follow suit.

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Competition watchdog keeps up fight for lower access fees at Port of Newcastle
Competition & Consumer Protection 2019-11-28 9:46 pm By Miklos Bolza Sydney

The ACCC has taken its long-running battle over access fees at the Port of Newcastle to the Federal Court, challenging a re-arbitration decision that overturned its finding that the fees should be cut by 20 per cent.

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Firms will seek up to $6M at SurfStitch class action settlement hearing
Arnold Bloch Leibler 2019-11-28 4:03 pm By Miklos Bolza Sydney

The funders behind two shareholder class actions against online fashion retailer Surfstitch Group will seek a commission of up to 30 per cent while the law firms that brought the cases will ask for approval of up to $6 million in legal fees during an upcoming settlement approval hearing, which also puts the fate of a deed of company arrangement that saved the company from liquidation on the line.

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Judgment day in $1B Queensland floods class action
Class Actions 2019-11-28 3:13 pm By Cat Fredenburgh Melbourne

Eight years after floods in Southeast Queensland destroyed more than 2,000 homes, a judge will deliver his ruling in two class actions seeking a record $1 billion in damages, and the decision could well come down to which of two conflicting flood modeling reports the judge sides with.

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CBA unit hit with $700,000 criminal fine for insurance hawking
CBA 2019-11-28 1:16 pm By Miklos Bolza Sydney

The Commonwealth Bank of Australia’s insurance division, CommInsure, has been fined $700,000 for breaching insurance hawking laws in Australia’s first post-Royal Commission criminal conviction, dodging a maximum fine of over $1.8 million through an early guilty plea and cooperation with ASIC.

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