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‘It’s a disaster’: Judge questions $11M settlement in Aveo class action
Alan Sullivan 2023-06-08 12:04 pm By Sam Matthews

A judge has questioned an $11 million settlement in a class action against retirement village provider Aveo, resolving to appoint a contradictor and a costs referee amid a dispute between the plaintiff law firm and its litigation funder, which the court heard has “grave concerns” about the costs incurred in the case.

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Clive Palmer can’t quash CITIC subpoenas over sale of nickel refinery in $1.8B case
Allens 2023-06-07 11:56 pm By Gareth Baker

Mining magnate Clive Palmer and his company Mineralogy have lost a bid to block subpoenas asking their advisors to hand over information regarding the sale of Townville’s Yabulu nickel and cobalt refinery, as part of a $1.8 billion fight over the value of the site.   

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Hyundai, Kia can’t inspect vehicles at centre of class actions
Ashurst 2023-06-07 11:11 pm By Sam Matthews

A judge overseeing class actions against car makers Hyundai and Kia over alleged engine defects has dismissed the carmakers’ bid to inspect the lead applicants’ vehicles before defences are filed in the proceedings.

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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
ASIC 2023-06-06 3:53 pm By Sam Matthews

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASIC  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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Insurers on hook for combustible cladding claims against builder LU Simon
Amelia Smith 2023-06-06 3:14 pm By Cindy Cameronne

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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ABC broadcast Brittany Higgins’ speech to prejudice rape trial, court told
ABC 2023-06-05 11:38 pm By Gareth Baker

The ABC acted with malice when it aired Brittany Higgins’ defamatory National Press Club speech in full, and the broadcaster’s public interest defence won’t save it, accused rapist Bruce Lehrmann has said.

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Insignia broke promise to hire PwC to review model portfolio: trial
Caspar Conde 2023-06-05 11:31 pm By Sam Matthews

Despite assurances, wealth manager Insignia Financial did not engage PricewaterhouseCoopers to review the performance of its ‘Buy Model” investment portfolio after an equities analyst complained it had been overstated, a court overseeing a shareholder class action trial has been told.

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Parents of fraudster Melissa Caddick paid $1M to vacate Edgecliff property
ASIC 2023-06-05 11:14 pm By Sam Matthews

The parents of deceased fraudster Melissa Caddick will take $950,000 to move out of a multi-million dollar property in Sydney’s East, which will now be sold by receivers.

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Coles, Woolworths ‘can’t hide behind’ poor records, court told as underpayments trial kicks off
Adero Law 2023-06-05 5:56 pm By Cindy Cameronne

On the first day of trial in parallel class actions and regulatory proceedings, the Fair Work Ombudsman panned the payment systems adopted by Woolworths and Coles for salaried managers, saying they were “entirely foreign” to the industrial award and that the supermarket giants had “no meaningful proper records” for overtime. 

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Ben Roberts-Smith not ‘honest and reliable’, had motives to lie, judge says
Arthur Moses 2023-06-05 5:07 pm By Cat Fredenburgh

A judge has published his reasons for tossing Ben Roberts-Smith’s defamation lawsuits over publications accusing him of war crimes, saying the former SAS corporal was not “honest and reliable”.

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