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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Aviation 2022-09-28 11:40 pm By Sam Matthews

The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus” for group members.

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Clive Palmer’s injunction bid premature in $30B spat over Pilbara iron ore mine, court says
Alexander Law 2022-09-28 11:19 pm By Sam Matthews

A judge overseeing mining magnate Clive Palmer’s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmer’s companies Mineralogy and International Minerals under the controversial ‘Palmer Act’.

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J Hutchinson, CFMMEU appeal $1.35M fine over construction boycott
ACCC 2022-09-28 11:09 pm By Cat Fredenburgh

J Hutchinson and the CFMEU have appealed a judgment slapping them with a combined $1.35 million penalty for agreeing to boycott an independent subcontractor at a Brisbane construction site.

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Pelvic mesh class action halted after Astora files for bankruptcy in US
AJB Stevens 2022-09-28 3:48 pm By Cindy Cameronne

A judge has paused a class action on behalf of 6,000 women allegedly injured by defective pelvic mesh devices pending determination of an application by Astora Health for a stay of the proceedings following its bankruptcy filing.

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Judge mulls contradictor in $105M Boston Scientific class action settlement despite no red flags
Class Actions 2022-09-28 1:39 pm By Sam Matthews

The judge overseeing a class action against US medical device maker Boston Scientific is considering appointing a contradictor to look over the $105 million settlement reached in the case, despite seeing no obvious obstacle to approving the deal.

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Like ‘dousing one’s house in kerosene’: Owners rebuff no-damage claim in cladding class action
Christine Ernst 2022-09-27 11:46 pm By Cindy Cameronne

Property owners are fighting arguments that claims in a class action over allegedly combustible cladding do not fall under a $190 million insurance policy’s definition of property damage, saying installing the cladding was like “dousing one’s house in kerosene”.

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In latest scathing reversal, judge gets overturned for ‘illogical’ finding against worker
Appeals 2022-09-27 11:04 pm By Sam Matthews

The Federal Court has overturned the ex-tempore ruling of a judge who has been taken to task in strongly-worded appeals court decisions on numerous occasions, saying his latest findings were flawed and illogical.

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Criminal case should run before COVID-19 hotel quarantine class action, court told
Adam Hochroth 2022-09-27 2:05 pm By Sam Matthews

The state of Victoria has brought criminal action against the DHHS over its handling of the hotel quarantine debacle in 2020 and wants to push off separate class action proceedings until the charges are heard.

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Peter Dutton drops High Court appeal over ‘rape apologist’ tweet
Appeals 2022-09-27 1:00 pm By Cat Fredenburgh

Opposition leader Peter Dutton has dropped a High Court appeal seeking to overturn a Full Court judgment that found a tweet by refugee activist Shane Bazzi labeling him a “rape apologist” was not defamatory.

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Franchisees in class action against Hog’s Breath Cafe lose appeal of $1.2M security order
Class Actions 2022-09-26 11:39 pm By Christine Caulfield

A potentially stultifying order for $1.23 million in security for costs in a class action against the Hog’s Breath Cafe restaurant chain has survived a challenge by the franchisees.

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