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Law firm in showdown with ATO over Black Saturday payouts
Class Actions 2018-11-13 11:04 pm By Christine Caulfield

Maurice Blackburn’s battle with the Australian Taxation Office over a tax bill on class action settlements for thousands of Black Saturday bushfire victims went to court Tuesday, and the landmark case may turn on whether or not the law firm’s administration of the settlement distribution scheme counts as a business.

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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

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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Court rejects Westpac’s $35M settlement with ASIC
Financial Services 2018-11-13 11:41 am By Miklos Bolza

The Federal Court has thrown out a proposed $35 million settlement between ASIC and Westpac over responsible lending breaches, saying the agreement was “unworkable” and left the court in an “information vacuum”.

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Neurim fights to amend Circadin patent amid infringement case against generics
Andrew Fox 2018-11-12 9:19 pm By Miklos Bolza

Drug maker Neurim Pharmaceuticals is battling to amend its Australian patent for the blockbuster sleeping pill Circadin over opposition from two generic pharmaceutical companies, which have accused Neurim of attempting to gain an unfair advantage by delaying the amendment bid until now.

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Funder wants major role in common fund challenge
Allens 2018-11-12 8:58 pm By Miklos Bolza

Litigation funder Regency Funding has sought leave to intervene as a major player in one of two challenges to the courts’ powers to issue common fund orders in class actions, but it might have a fight on its hands.

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Crown shouldn’t keep jailed ex-employees silent, court told
Class Actions 2018-11-12 8:39 pm By Christine Caulfield

An attempt by Crown Resorts to block ex-employees from talking to class action lawyers about the casino giant’s thwarted business in China was contrary to the public interest, a judge heard Monday.

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AFT Pharma ordered to pull misleading Maxigesic ads
Competition & Consumer Protection 2018-11-09 8:44 pm By Miklos Bolza

AFT Pharmaceuticals has been ordered to pull advertisements for its painkiller Maxigesic after the Federal Court ruled in favour of rival Reckitt Benckiser, finding the ads breached Australian Consumer Law.

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Westpac hit with $3.3M penalty in BBSW case
Allens 2018-11-09 8:18 pm By Cat Fredenburgh

Westpac has been ordered to pay a $3.3 million penalty for engaging in unconscionable conduct when it traded in bank bills in an attempt to influence the benchmark Bank Bill Swap Rate on four occasions, with a Federal Court judge admitting the fine was “inadequate.”

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Palmer can’t stop Queensland Nickel liquidators from asking after fugitive nephew
Energy & Natural Resources 2018-11-09 3:43 pm By Cat Fredenburgh

A judge has shot down a bid by Clive Palmer to block the liquidators of Queensland Nickel from making enquiries as to the whereabouts of his fugitive nephew, the sole registered director of the refinery when it collapsed.

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Challenges to common fund orders to be heard together, Chief Justice says
Allens 2018-11-08 9:53 pm By Christine Caulfield

Two far-reaching appeals challenging the court’s power to order all members of an open class action to pay a litigation funder will be heard together, and soon, the Federal Court’s top judge said Thursday.

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