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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions 2018-11-16 11:23 pm By Cat Fredenburgh Melbourne

A judge has rejected a bid by the applicants in two shareholder class actions against online fashion retailer Surfstitch to push forward with a proposed settlement of the cases without an opt-out notice to group members.

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Axed HWL special counsel says he was entitled to continued work
Business of Law 2018-11-16 10:28 pm By Cat Fredenburgh Melbourne

A special counsel that was sacked from HWL Ebsworth after writing an article that was critical of the government’s treatment of veterans, is seeking to amend his pleadings to add claims that he was entitled to continued work under his employment contract with the firm.

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Motorola to bring copyright claims against Hytera
Angus Lang 2018-11-16 9:56 pm By Miklos Bolza Sydney

Motorola Solutions wants to amend its pleadings in an ongoing patent case against Shenzen-based Hytera Communications to add copyright claims relating to the source code for the radio devices at the centre of the dispute.

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Blockbuster defeated again in fight with husband and wife franchisee
Contracts 2018-11-14 9:54 pm By Christine Caulfield Melbourne

Blockbuster has lost another round in its case against a husband and wife franchisee that sold a store’s assets to a competitor, with a court ruling the company could not sock the pair with the costs of its failed appeal.

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Accountants for collapsed Centaur Litigation can’t amend defence
Class Actions 2018-11-14 4:12 pm By Christine Caulfield Melbourne

The accountants for fraudster Scott Williams, the man behind the multi-million dollar Ponzi scheme Centaur Litigation, lost a bid to amend their defence to limit their liability in a $32 million case brought by liquidators of the failed funder.

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Wind farm co. settles class action over bushfire caused by electrocuted crow
Class Actions 2018-11-14 3:22 pm By Cat Fredenburgh Melbourne

Renewable energy company Infigen Energy has agreed to settle a class action over the January 2017 Currandooley bushfire that was sparked by a crow that was electrocuted from a transmission line carrying power from the company’s Woodlawn wind farm near Tarago, New South Wales.

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Class members get nothing in $2.6M bushfire class action settlement
Class Actions 2018-11-13 3:08 pm By Cat Fredenburgh Melbourne

A court has signed off on a $2.6 million settlement in a class action against Endeavour Energy and two other companies over the 2013 Mt Victoria bushfires that will leave class members empty-handed.

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ACCC takes Captain Cook College to court for unconscionable conduct
Competition & Consumer Protection 2018-11-09 2:01 pm By Christine Caulfield Melbourne

Online educator Captain Cook College broke the law by enrolling thousands of students who accrued $60 million in debt but never finished their courses, a new action by the consumer regulator alleges.

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AMS says vaginal mesh claims don’t meet bar for class action
Baker McKenzie 2018-11-08 2:45 pm By Cat Fredenburgh Melbourne

Medical device maker AMS has told the Federal Court that claims in a class action against it over allegedly defective pelvic mesh implants did not meet the standard for a representative proceeding.

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ABC, Fairfax appeal in Chau Chak Wing case to have ‘massive ramifications’ for press, court hears
Defamation 2018-11-07 10:27 pm By Miklos Bolza Sydney

A barrister for the ABC and Fairfax has told the Federal Court that an appeal against the dismissal of their truth defence in the Chau Chak Wing defamation case will have “massive ramifications for mass media”.

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