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Banksia class action funder avoids extra costs despite ‘ulterior motive’
Appeals 2018-09-07 10:42 pm By Christine Caulfield Melbourne

The litigation funder that unsuccessfully sought to block a shareholder from opposing a $64 million class action settlement over the collapse of Banksia Securities is not on the hook for indemnity costs despite bringing the injunction with an ulterior motive.

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Judge trims class action against Commonwealth Bank
Class Actions 2018-09-07 10:19 pm By Miklos Bolza Sydney

A judge has struck out part of a class action against the Commonwealth Bank of Australia that alleges it kept investors in the dark about deficiencies in its systems for monitoring money laundering and terrorism financing risks, saying it wasn’t clear what the bank was expected to disclose.

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Prospa to fix unfair contract terms after ASIC probe delayed float
Competition & Consumer Protection 2018-09-07 9:29 pm By Cat Fredenburgh Melbourne

Online lender Prospa has agreed to alter unfair terms in its standard form small business loan contracts, after it delayed a planned float due to concerns raised by ASIC about its loan terms.

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Bellamy’s wants judge to limit costs of competing class actions
Class Actions 2018-09-07 9:28 pm By Cat Fredenburgh Melbourne

A year after the Federal Court issued its important ruling on competing class actions and foreshadowed orders prohibiting duplicative legal fees, the company at the centre of the proceedings — organic baby food maker Bellamy’s — has called on the court to make good on its promise about costs.

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Sanitarium, Rebel appeal ruling in $1.4M suit over promotion campaign
Baker McKenzie 2018-09-07 4:58 pm By Miklos Bolza Sydney

Cereal giant Sanitarium and retailer Rebel Sports are challenging a decision dismissing proceedings against a UK marketing company amid a contractual dispute over a recent joint promotional campaign.

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VW will refund purchasers of cars that fail within 60 days
Competition & Consumer Protection 2018-09-07 12:13 pm By Cat Fredenburgh Melbourne

Volkswagen has agreed to offer refunds or replacements to consumers if a defect makes a car un-drivable within the first 60 days after purchase without requiring proof of a major failure.

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VisionSearch takes final shot at ObjectiVision’s ‘limited’ case
Allens 2018-09-06 10:58 pm By Miklos Bolza Sydney

ObjectiVision has presented a “limited” and “debatable” case that its source code for a glaucoma testing device was copied, the Federal Court heard Thursday as the trial in a four-year spat with the University of Sydney over IP rights came to a close.

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McMillan Shakespeare unit hit with class action over car warranties
Baker McKenzie 2018-09-06 10:15 pm By Christine Caulfield

A subsidiary of car leasing company McMillan Shakespeare faces a class action over vehicle warranties that gave the company “complete and unfettered” discretion to reject claims by customers.

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Motorola says Hytera misled court, wins discovery request
Cameron Moore 2018-09-06 8:34 pm By Miklos Bolza Sydney

Motorola Solutions says Hytera Communications misled the Federal Court about key decision makers involved in the development of radio products which it claims infringe three of its patents.

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ASIC sues NAB over $100M in fees for no service
Financial Services 2018-09-06 7:29 pm By Cat Fredenburgh Sydney

ASIC has taken two NAB wealth management units to court for allegedly charging superannuation members around $100 million in fees for services they never received.

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