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Court can’t use general power under class action regime to dispense with opt out notice, judge says
Class Actions 2022-11-25 10:26 pm By Sam Matthews

A judge overseeing the Montara oil spill class action has found the Federal Court’s broad discretion under the class action regime is “outflanked” by the need to give group members a chance to opt out. But resolving that question on Thursday — which has divided the courts — caused a further wrinkle ahead of a hearing to weigh a settlement in the case.

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Sports betting class action may drop remaining claims against lawyer
Class Actions 2022-11-25 5:49 pm By Cindy Cameronne

The lead applicant in a class action on behalf of investors who sank $12.3 million into an allegedly fraudulent sports betting scheme run by convicted conman Peter Foster may drop the case after a partner in the scheme filed for bankruptcy.

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Silk’s COVID-19 diagnosis won’t delay students’ discrimination trial
Benjamin House 2022-11-25 5:25 pm By Christine Caulfield

A group of Jewish and Israeli former students who have accused a Victorian high school of allowing racially-charged bullying have defeated a bid by the state government to adjourn evidence at trial after its silk was diagnosed with COVID-19. 

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Judge asks if tiered contingency fee ‘meaningless’ in Crown class action
Allens 2022-11-24 11:35 pm By Cindy Cameronne

A judge has questioned a tiered contingency fee arrangement in a proposed group costs order by the law firm running a shareholder class action against Crown, asking whether the lower-end percentages were “meaningless”.

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Allianz loses fight with Probuild over $1B West Side Place development bonds
Allianz 2022-11-24 3:05 am By Sam Matthews

Insurer Allianz has lost its bid to claw back millions in performance bonds provided to collapsed building company Probuild in relation to works at a $1 billion development in the Melbourne CBD.

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Judge doubts law firm gave ‘full and frank advice’ on fees in Drake’s class action
Adero Law 2022-11-23 11:08 pm By Sam Matthews

Keeping up her scrutiny of fee disclosures by Adero Law in employment class actions launched in her court, a judge has questioned whether the law firm breached its fiduciary duty to the lead applicant in litigation against Drakes Supermarkets.

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Law firms ordered to join forces in Blue Sky, EY class action
Banton Group 2022-11-23 10:29 pm By Cindy Cameronne

A judge has ordered two law firms that filed competing shareholder class actions against failed Blue Sky Alternative Investments and auditor EY to team up to run a consolidated proceeding, despite opposition by one firm.

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WA government will try to snuff out Clive Palmer’s $30B lawsuit
Alexander Law 2022-11-23 5:45 pm By Cindy Cameronne

The West Australian government has flagged a bid to scuttle mining magnate Clive Palmer’s latest lawsuit claiming he can sue the state for up to $30 billion over mining tenements in the Pilbara.

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$1M penalty against NQ Cranes over cartel agreement gets court’s OK
ACCC 2022-11-23 5:20 pm By Cat Fredenburgh

A judge has approved a $1 million penalty against Queensland crane company NQ Cranes for engaging in a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets.

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Court tosses Equivac horse vaccine class action against Zoetis
Christopher Barry 2022-11-23 12:23 pm By Sam Matthews

A judge has dismissed a class action brought against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine, finding there were “too many uncertainties” in the applicant’s evidence.

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