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Engage Marine seeks ACCC docs in competition suit against TasPorts
Arnold Bloch Leibler 2023-03-29 3:32 pm By Sam Matthews

Port operations provider Engage Marine is seeking to obtain copies of restricted documents in the ACCC’s case against TasPorts, as it mounts its own competition suit against the Tasmanian government-owned body.

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Law firm expresses ‘regret’ as Aveo pays just $11M to settle class action
Arnold Bloch Leibler 2023-03-28 4:09 pm By Cindy Cameronne

A class action against Aveo Group has settled for $11 million mid trial, with the law firm that brought the case expressing regret for any “distress or anxiety” it caused and acknowledging the retirement village provider’s contracts with residents were lawful. 

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Insurers score win in court battle over $695M Pacific Highway project
Construction 2023-03-28 3:45 pm By Sam Matthews

The Full Court has found that a policy exclusion applies in a dispute between Acciona Infrastructure and Ferrovial Construction and three insurers over coverage for loss and damage caused by heavy rainfall during the construction of the $695 million Pacific Highway in northern New South Wales.

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Hancock Prospecting must hand over docs to Rinehart children
Allens 2023-03-28 2:25 pm By Cindy Cameronne

Gina Rinehart’s Hancock Prospecting has lost its bid to avoid producing documents to Bianca Rinehart and John Hancock after a judge rejected arguments the Rinehart children were abusing the court’s processes in a long-running dispute over ownership of a valuable mining tenement.

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Five years after class action filed, BHP denies knowledge of dam collapse risk
Alistair Pound 2023-03-27 11:14 pm By Cindy Cameronne

In a class action long delayed by a battle over foreign shareholders, BHP Group has finally filed a defence, denying it misled shareholders over a failed Brazilian dam and saying knowledge about the risk of collapse cannot be imputed to the Melbourne-headquartered energy giant.

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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Anais d'Arville 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Judge rejects bid for second opt out notice in Merivale class action
Class Actions 2023-03-27 3:27 pm By Sam Matthews

A judge overseeing a $129 million underpayments class action against hospitality giant Merivale has rejected a bid for a second round of opt out notices, finding that even if the first round went straight to employees’ junk or spam folders, it did not follow that they had not been read.

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Court needs novel approaches for class actions or ‘system will collapse’, judge says
Class Actions 2023-03-27 2:15 pm By Cindy Cameronne

A judge overseeing a competition class action against Queensland power companies Stanwell and CS Energy has warned that judges need to be inventive in how they manage large group proceedings, otherwise the “system will collapse”.

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Murdoch wants court to decide if Crikey defamed him before trial
Clarissa Amato 2023-03-24 10:34 pm By Cindy Cameronne

Fox News CEO Lachlan Murdoch wants a court to decide before trial whether a Crikey article published last year that allegedly linked him to the US Capital riot was defamatory. 

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Court to hear bid to join insurers to class action against Blue Sky, EY
Arnold Bloch Leibler 2023-03-24 10:27 pm By Sam Matthews

The insurers of Blue Sky Alternative Investments are fighting a bid to be joined to a consolidated investor class action against the company and its auditor, EY.

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