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Class action argues fraud exception makes Norton Rose, Deloitte emails fair game
Allens 2023-04-26 11:47 pm By Cindy Cameronne Sydney

A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.

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Hog’s Breath Cafe franchisees mull declassing bid in own class action
Class Actions 2023-04-26 2:38 pm By Christine Caulfield Melbourne

The lead applicant in a franchisee class action against the Hog’s Breath Cafe restaurant chain is considering an application to declass the case it brought after losing a challenge to a $1.23 million security for costs order.

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Judge ‘frustrated’ that remaining PFAS class action has not settled
Catherine Gleeson 2023-04-26 2:09 pm By Cindy Cameronne Sydney

A judge has expressed his “frustration” that a class action against the government over the use of alleged toxic firefighting foam has not settled despite the resolution of similar group proceedings almost three years ago. 

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Decision looming on Lehrmann defamation cases against News Corp, Ten
Defamation 2023-04-11 11:32 pm By Christine Caulfield

Accused rapist Bruce Lehrmann will learn this week whether his defamation cases against News Corp and Network Ten can proceed despite the expiration of a 12-month limitations period.

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Law firm gets interim $22.6M from J&J settlement, promises to return any excess
Alec Leopold 2023-04-06 3:15 pm By Christine Caulfield

Shine Lawyers can deduct 50 per cent of its fees and all of its costs from a $300 million settlement in pelvic mesh class actions against Johnson & Johnson while a judge mulls whether the law firm’s total bill is fair and reasonable.

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Westpac, ASIC feud over scope of financial services in Ausgrid insider trading case
Allens 2023-03-30 10:30 pm By Cindy Cameronne Sydney

Westpac has hit back at a bid by ASIC to add an allegation to the regulator’s insider trading case that hinges on the bank providing financial services when it traded on the morning of a $16 billion deal to privatise electricity provider Ausgrid.

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BCC can bring claims against three Greensill units
Alec Leopold 2023-03-30 4:16 pm By Cindy Cameronne Sydney

Insurer Bond & Credit Company has overcome an administrator’s protests and won leave to bring cross-claims against three Greensill entities in lawsuits over the financing firm’s $1.7 billion collapse.

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

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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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 Melbourne

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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