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Judge ‘not following’ government’s argument backing coal expansion in climate class action
Ashurst 2021-03-03 6:23 pm By Spencer Fowler Steen Melbourne

The Federal Government has argued a class action against the expansion of a northern NSW mine has “conspicuously failed” to show that the emissions would contribute to “catastrophic harm”, but a judge has questioned the Commonwealth’s contention that other countries would be responsible for the emissions.

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Apple doesn’t have to produce info on Australian users in Epic Games competition case
Apple 2021-03-03 2:28 pm By Christine Caulfield Melbourne

Tech giant Apple will not be forced to hand over documents about Australian users to Epic Games ahead of argument on Apple’s application to shut down the game maker’s competition case, a judge has ruled, likening Epic’s imprecise notice to produce to the “cheerful pastime of drift netting”.

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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen Melbourne

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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ACCC secures $83.5M in fines over vehicle shipping cartel
ACCC 2021-02-04 10:43 pm By Cat Fredenburgh Melbourne

Norwegian shipping company Wallenius Wilhlmsen Ocean has been fined $24 million for conspiring to fix the rates charged for shipping vehicles to Australia, bringing the total fines won by the ACCC over the shipping cartel to $83.5 million.

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Apple to seek stay of Epic Games competition lawsuit
ACCC 2020-12-08 11:16 am By Cat Fredenburgh Melbourne

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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Norwegian shipper pleads guilty to cartel charge, says fine should be $20M
ACCC 2020-06-18 5:02 pm By Alison Eveleigh Sydney

Norway-based shipping company Wallenius Wilhlmsen Ocean AS has pleaded guilty to one charge of criminal cartel conduct, but told a court the penalty should be discounted from the maximum by over 50 per cent.

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Full Court to hear Cigno challenge to ASIC ban on short-term credit lending
Appeals 2020-05-20 12:07 pm By Cat Fredenburgh Melbourne

Cigno has appealed a ruling shooting down its challenge to the first action brought by ASIC under its powers to prohibit ‘predatory’ financial products, which targeted the payday lender’s model of short-term credit lending.

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Law firm should personally pay costs for individual pelvic mesh cases, judge says
AJB Stevens 2020-05-11 3:10 pm By Miklos Bolza Sydney

A judge has found that the law firm behind a plethora of pelvic mesh lawsuits filed in multiple courts should be personally hit with costs for its “keystone cop-like conduct” in handling the proceedings, but has given the firm a week to convince him otherwise.

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Car makers won’t take class closure fight to High Court
ACCC 2020-05-07 11:24 pm By Miklos Bolza Sydney

Seven car makers defending class actions over defective Takata airbags have confirmed they will not be challenging a landmark decision that set aside a pre-settlement class closure order in the cases.

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Landmark ruling nixing class closure orders likely to reach High Court
Acting Justice Arthur Emmett 2020-04-23 9:10 pm By Christine Caulfield Melbourne

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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