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Full Court upholds class action waiver in Ruby Princess case
Amy Reid 2022-09-02 9:42 am By Cindy Cameronne Sydney

The Full Federal Court has thrown out a decision that found foreign passengers could join a class action against cruise operator Carnival PLC over the 2020 COVID-19 outbreak aboard the Ruby Princess, finding a class action waiver was not unfair.

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Class action funder must indemnify Virgin despite ‘nonsensical’ agreement
Aviation 2022-09-02 10:14 pm By Cindy Cameronne Sydney

A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.

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High Court Chief Justice says Bar ‘pays a price’ for more female judges
Business of Law 2022-09-01 4:32 pm By Cindy Cameronne Sydney

Chief Justice Susan Kiefel has decried the low number of women barristers appearing in the High Court, questioning whether there is a “price” to pay for state and federal policies focused on appointing more female judges.

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G&S can’t shield emails about legal advice in suit over Mount Pleasant coal mine
ASIC 2022-09-01 2:47 pm By Cindy Cameronne Sydney

Engineering services firm G&S has lost a bid to shield emails about “the need to obtain legal advice” in a $270 million dispute with the operator of a NSW open-cut coal mine.

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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
Appeals 2022-08-31 11:30 pm By Christine Caulfield

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

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Booktopia to pay $6M to settle ACCC case over refunds policy
ACCC 2022-08-31 11:39 pm By Christine Caulfield

Online book retailer Booktopia has agreed to a $6 million penalty to resolve action brought by the consumer regulator alleging its refund policy was misleading.

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Moore Stephens ex-partner barred from bringing all but one claim against former colleague
Accounting 2022-08-31 11:28 pm By Sam Matthews Melbourne

A judge has barred a retired Moore Stephens partner from bringing all but a single claim against a former colleague who allegedly failed to account to the partnership for unauthorised profit in excess of $11 million.

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Banksia receiver justified in rejecting lawyers’ $10.6M settlement, court says
Class Actions 2022-08-30 4:21 pm By Christine Caulfield

The special purpose receiver acting for debenture holders of defunct Banksia Securities was right to reject a confidential settlement — believed to be for $10.6 million — offered by the disgraced lawyers behind a scandal-ridden class action, a court has found.

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Sports presenter Erin Molan wins $150,000 defamation judgment against Daily Mail
Bruce McClintock 2022-08-30 11:27 am By Sam Matthews

Nine sports presenter Erin Molan has won a substantial payout from the Daily Mail over an article concerning an on-air remark she made about the pronunciation of National Rugby League Polynesian player names, despite failing to prove the story painted her as a racist.

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Cornerstone liquidators can sign funding pact for $46M case against PwC
Accounting 2022-08-30 2:00 pm By Sam Matthews Melbourne

A judge has granted the liquidators of Cornerstone Investment Australia leave to sign a funding agreement for the insolvent tertiary education provider’s $56 million professional negligence claim against accounting firm PricewaterhouseCoopers.

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