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Judge asks if he must ‘second guess’ legal advice in Linchpin class action
Assembly Law 2023-05-12 3:54 pm By Cindy Cameronne Sydney

A judge overseeing an investor class action over the collapse of advisory firm Linchpin Capital has questioned whether he has to “effectively second guess” a law firm’s advice given to group members about a partial settlement. 

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Crown, AUSTRAC reach deal on penalty but court wants guidance on ill-gotten profits
Allens 2023-05-12 3:25 pm By Sam Matthews Melbourne

Crown Resorts has reached agreement on a proposed penalty in AUSTRAC’s case alleging “widespread and serious non-compliance” with anti-money laundering and counter terrorism financing laws, but the presiding judge says more information is needed for the court to fix a fine.

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‘Plagued with competing class actions’: Judge stays latecomer Medibank case for now
Baker McKenzie 2023-05-12 1:26 pm By Sam Matthews Melbourne

A judge aggrieved by the “plague” of competing class actions in the courts has temporarily stayed a second data breach class action against Medibank, and directed the health insurer to ask the privacy commissioner to drop the investigation of a third case.

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Veolia wins discovery for potential case against EnergyAustralia
Competition & Consumer Protection 2023-05-11 11:05 pm By Christine Caulfield Sydney

Water services company Veolia Water Australia has won its bid for EnergyAustralia and two mining companies to hand over information about the quality of mine water they send for treatment, with a judge finding it could be “materially worse” than promised.  In a judgment handed down on Wednesday, Federal Court Justice Scott Goodman ordered EnergyAustralia…

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High Court challenge could clarify scope of reliance damages
Anna Mitchelmore 2023-05-11 5:30 pm By Sam Matthews Melbourne

A city council in the Hunter Valley region is set to appeal to the High Court a decision that found it was liable to pay a flight company over $3.6 million in damages for wasted expenditure after it repudiated a contract to lease land at the local airport.

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Insurance Australia agrees to $40M penalty in ‘very serious’ case over unpaid discounts
ASIC 2023-05-11 4:57 pm By Cindy Cameronne Sydney

Insurance Australia has agreed to pay a $40 million penalty in a case by the Australian Securities and Investments Commission alleging it short-changed NRMA customers a staggering $60 million in promised loyalty discounts. 

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7-Eleven class action judge OKs $2.25M in costs of settlement approval argument
Ahmed Rizk 2023-05-11 3:04 pm By Cindy Cameronne Sydney

A judge overseeing two 7-Eleven class actions has signed off on $2.25 million in costs incurred by the funder and lawyers in their pitched battle to win approval for the terms of a $98 million settlement, which included deductions of more than $44 million to cover commission and fees.

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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne Sydney

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Court’s case management rules.

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Katy Perry shorts could ‘fall between the cracks’, designer tells court
Christian Dimitriadis 2023-05-10 2:11 pm By Cindy Cameronne Sydney

US singer Katy Perry and an Australian fashion designer are at loggerheads over court orders to be made following a judge’s finding the pop star was liable for trade mark infringement, with concerns raised that Perry’s ‘Teenage Dream’ shorts could “fall between the cracks”. 

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Amy Munro 2023-05-10 12:23 pm By Sam Matthews Melbourne

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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