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Fees, commission to eat up almost half of $25M Fonterra class action settlement
Adley Burstyner 2023-01-19 2:46 pm By Sam Matthews Melbourne

Group members in a class action against Fonterra are set to reap about $13 million from a $25 million settlement reached with the dairy company, following deductions including the costs of the litigation funder’s after-the-event insurance.

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Amid push for reforms, judges refuse to recuse themselves time and again
Associate Justice Patricia Matthews 2023-01-18 4:09 pm By Sam Matthews Melbourne

Requests by litigants for judges to disqualify themselves from presiding over cases were largely denied last year, in a raft of decisions containing lessons for litigants weighing up their own recusal bids in 2023.

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Appeals court sets aside arbitration award in Chevron gas field dispute
Arbitration 2023-01-18 2:59 pm By Sam Matthews Melbourne

An appeals court has dismissed an appeal from two contractors who worked on Chevron’s Gorgon gas field project who allege they were underpaid over $130 million by the energy giant.

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Media protests new Federal Court rules limiting public’s access to documents
Chief Justice James Allsop 2023-01-17 7:12 pm By Cindy Cameronne Sydney

Editors and journalists from Australia’s largest news organisations have protested recent changes to the Federal Court Rules that restrict the public’s access to documents filed with the court, calling it a “full-frontal assault” on open justice. 

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Gina Rinehart’s Hancock Prospecting can’t halt case pending arbitration in 20-year feud
Allens 2023-01-16 11:24 pm By Sam Matthews Melbourne

Hancock Prospecting has lost a bid to shut down court cases brought by fellow mining giants Wright Prospecting and DFD Rhodes until the outcome of a family arbitration, after a judge found the company’s own forensic choices made the risk of inconsistent decisions inevitable.

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From $2.8M win to just $6,000, Microsoft’s case against computer retailer crashes to earth
Appeals 2023-01-16 1:35 pm By Sam Matthews Melbourne

Microsoft has won a pittance for copyright infringement but copped a “substantial costs order” in its six-year-old intellectual property suit against a Melbourne computer retailer over its Windows 7 software, which previously netted the Silicon Valley giant a $2.8 million payout from Judge Sandy Street that was slammed as a “regrettable” judicial failure.

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Class action members benefit when funder’s payout in line with risk, judge says
Accounting 2023-01-13 10:37 pm By Christine Caulfield

In reasons for approving a $41 million deal to settle one of three shareholder class actions over Slater & Gordon’s acquisition of a UK firm and awarding the funder 28 per cent, a judge has challenged a persistent notion that the interests of litigation funders and group members are at odds.

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Former KWM solicitor, now judge, won’t recuse herself from United Petroleum case
Associate Justice Patricia Matthews 2023-01-13 4:46 pm By Sam Matthews Melbourne

A judge who previously acted for a United Petroleum Group company in a “highly acrimonious” case eight years ago has refused to recuse herself from adjudicating a new dispute involving a related company.

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Judge imposes $450,000 penalty against Australian Mines
Australian Government Solicitor 2023-01-13 3:49 pm By Cat Fredenburgh

A judge has approved a $450,000 penalty against Australian Mines in ASIC proceedings brought after its managing director was allegedly caught lying at an investment conference about the value of an offtake agreement and funding for a project at its cobalt and nickel mine in Queensland.

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Court dismisses unrepresented pensioner’s class action against Department of Social Services
Class Actions 2023-01-13 2:56 pm By Sam Matthews Melbourne

A judge has dismissed a class action brought by a pensioner against the Department of Social Services over its real estate asset testing for pensions, citing his lack of legal representation.

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