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After 30 years, class action regime still plagued with uncertainty
30 years of class actions in Australia 2022-03-04 10:34 pm By WP Creative

Over the last 30 years, the class action regimes have undoubtedly improved access to justice, helped to resolve disputes more efficiently, and reduced the costs of litigation. While the current spotlight on the role of litigation funding and returns to group members is warranted, other aspects of the regimes are ripe for reform, say Clayton Utz partners Greg Williams, Andrew Morrison, Alexandra Rose and senior associate Will Atfield.

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CommSec agrees to $20M penalty for ‘serious and unacceptable’ system failures
ASIC 2022-03-03 9:02 pm By Bianca Hrovat Sydney

Commonwealth Bank unit CommSec has agreed to pay a $20 million penalty for a series of “serious and unacceptable” failures that lead to excessive fee charges, a court has heard.

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Settlement talks in Astora pelvic mesh class action ‘well advanced’
AJB Stevens 2022-03-03 9:57 pm By Miklos Bolza Sydney

Settlement talks in a class action brought by Shine Lawyers against Astora Women’s Health on behalf of women injured by allegedly defective pelvic mesh products are “well advanced”, while mediation in two similar actions is ongoing, a court has heard.

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CBA says branch arrangements ‘critical’ to defence of $45M rest break case
CBA 2022-03-01 9:39 pm By Sam Matthews Melbourne

Commonwealth Bank has won more time to examine the particular work arrangements in 24 individual branches, as it fights allegations of systemic failures to provide thousands of employees with paid rest breaks since 2014.

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Insurers defeat appeals in COVID-19 business interruption test cases
Adam Pomerenke 2022-02-21 5:11 pm By Christine Caulfield Melbourne

An appeals court challenge by a group of small businesses seeking coverage under business interruption insurance policies for losses flowing from COVID-19 restrictions has largely failed.

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CBA wants more info on $45M rest break lawsuit
CBA 2022-02-21 4:21 pm By Sam Matthews Melbourne

The Commonwealth Bank of Australia wants more details about the Finance Sector Union’s allegations that it failed to provide thousands of employees with paid rest breaks for at least six years. 

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Jones Day recruits leading energy partner from Clayton Utz
Business of Law 2022-02-18 1:40 pm By Bianca Hrovat Sydney

US law firm Jones Day has nabbed leading energy and natural resources partner Dan Howard from Clayton Utz after more than 26 years with the firm.

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‘I couldn’t sleep at night’: Clive Palmer says he feared for safety after WA’s ‘Palmer Act’
Barry Dean 2022-02-16 7:14 pm By Sam Matthews Melbourne

Clive Palmer said he feared for his physical safety as a result of the criminal immunity granted to the WA government by legislation and the consequent ‘political campaign’ waged against him, as he took the stand for the first time in his defamation trial against the WA premier.

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‘A complete ass’: Judge in Palmer, McGowan trial bemoans state of defamation law
Barry Dean 2022-02-15 9:38 pm By Sam Matthews Melbourne

A judge overseeing the closely watched trial in Clive Palmer’s defamation case against WA Premier Mark McGowan has vented his frustrations with the state of Australian defamation proceedings, railing against what he said was the common practice of parties refusing to concede even minor points. 

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‘Vicious rhetoric’: WA premier’s remarks about Clive Palmer more than name-calling
Article 2022-02-14 10:20 pm By Sam Matthews Melbourne

Comments made about Clive Palmer by Western Australia premier Mark McGowan in press conferences were “heavy with historical and sinister significance”, a court has heard on the first day of trial in the mining billionaire’s defamation case. 

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