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Insurers ‘can’t say’ if they will cover Blue Sky class action claims
Arnold Bloch Leibler 2023-06-09 9:17 pm By Cindy Cameronne Sydney

A judge has avoided a fight “with the High Court written all over it” over whether an investor class action against Blue Sky Alternative Investments and auditor EY can join four insurers to the case.

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Law firm can’t stop solicitor from opening rival practice within 50km
Business of Law 2023-06-09 2:33 pm By Sam Matthews Melbourne

A regional law firm has lost its bid to bar a former employee from opening a rival practice within a 50 kilometre radius of its offices while its case is ongoing, with a judge saying the case raised a “real issue” of reasonableness, especially in light of a lawyer shortage in the town.

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Ex-HopgoodGanim client who was afraid to question invoices runs out of time
Benjamin Kidston 2023-06-08 11:29 pm By Sam Matthews Melbourne

A former client of HopgoodGanim has lost an out-of-time bid to challenge 31 invoices, after a judge found her fear of starting a fight with the law firm while it still represented her was “not well founded”.

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Declassing orders must be ‘all or nothing’, court told in breast implants class action
Anthony McInerney 2023-06-08 11:25 pm By Cindy Cameronne Sydney

A declassing bid by nine doctors in a class action on behalf of women allegedly injured by a one-size-fits-all approach to breast implant surgeries must apply to the entire proceeding, not just the claims against them, a court has heard.

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Cruise class action wins $23M settlement from Scenic Tours the hard way
Andrew Jordan 2023-06-08 1:46 pm By Sam Matthews Melbourne

Cruise operator Scenic Tours has agreed to settle a long-running class action with travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus, after almost ten years of litigation that went all the way to the High Court.

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Destination High Court as law firm lodges fourth Downer EDI class action
Class Actions 2023-06-07 11:23 pm By Sam Matthews Melbourne

Multiple class actions against Downer EDI over accounting irregularities might be bound for the High Court as complex legal questions swirl, a judge said on Wednesday.

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Hyundai, Kia can’t inspect vehicles at centre of class actions
Ashurst 2023-06-07 11:11 pm By Sam Matthews Melbourne

A judge overseeing class actions against car makers Hyundai and Kia over alleged engine defects has dismissed the carmakers’ bid to inspect the lead applicants’ vehicles before defences are filed in the proceedings.

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Law firm served with class action over employee’s fraud
Business of Law 2023-06-06 11:08 pm By Sam Matthews Melbourne

A law firm in regional New South Wales has been hit with a class action seeking to hold it liable for the alleged fraud of a former employee who was sentenced to a term of imprisonment for fraud offences in 2021.

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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
ASIC 2023-06-06 3:53 pm By Sam Matthews Melbourne

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASIC  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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Insurers on hook for combustible cladding claims against builder LU Simon
Amelia Smith 2023-06-06 3:14 pm By Cindy Cameronne Sydney

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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