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Woolworths entitled to recoup loss in train derailment despite ‘force majeure’ event, judge says
Article 2021-04-14 6:34 pm By Miklos Bolza

Supermarket giant Woolworths can recoup losses from a 2014 train derailment in South Australia despite a contractual clause excluding force majeure events, the NSW Supreme Court has found.

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Quintis class action settlement could get $11M boost after insurers come up short
Agriculture 2021-04-06 3:10 pm By Miklos Bolza

A lengthy dispute over insurance in a settled class action against sandalwood producer Quintis has been resolved, with the Federal Court rejecting a challenge by two insurers to the rectification of policies that could provide a further $11.25 million in recoveries to group members.

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McDonald’s franchisee says 10-minute paid rest breaks could be split up over shift
Colin Biggers & Paisley 2021-03-30 12:51 pm By Cat Fredenburgh

A McDonald’s franchisee accused of failing to give employees paid rest breaks has hit back at a lawsuit filed by the retail workers’ union, arguing its employees took their entitled breaks, but sometimes in a “non-continuous” manner.

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Builder not on the hook for $12M in damages for Lacrosse building fire, appeals court says
Appeals 2021-03-29 3:58 pm By Cindy Cameronne

An appeals court has found that building company LU Simon should not pay $12 million in damages for a 2014 fire which broke out in Melbourne’s Lacrosse tower and was accelerated by Alucobest cladding panels since the company had relied on consultants’ advice in choosing the cladding material.

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Judge won’t entertain defective defence argument in negligence case against K&L Gates
Colin Biggers & Paisley 2021-03-25 10:22 pm By Christine Caulfield

K&L Gates has fended off a mid-case bid for costs by former clients who are seeking $3 million in a negligence lawsuit and told a court on Wednesday they wasted money responding to a “defective defence” by the law firm.

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Banksia silk’s refusal to give evidence while seeking to reopen defence ‘inexcusable’, judge says
Allan Myers 2021-03-24 4:56 pm By Christine Caulfield

Allowing former senior barrister Norman O’Bryan to reopen his defence in the Banksia class action while “avoiding the witness box” was clearly prejudicial, and futile to boot, a judge has said in his reasons for refusing the silk’s last-minute application.

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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence
Allan Myers 2021-03-18 10:29 pm By Christine Caulfield

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.

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‘A disappointing result’: Judge approves $25M settlement in Dick Smith class actions
AIG 2021-03-17 11:52 pm By Cat Fredenburgh

A judge has approved a “disappointing” $25 million settlement in long-running class action litigation over the collapse of electronics retailer Dick Smith with claims worth hundreds of millions of dollars.

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Funder of scandal-ridden Banksia class action expresses ‘remorse and regret’
Andrew Palmer 2021-03-17 10:44 pm By Christine Caulfield

The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the Banksia Securities class action, a case that has been described as the “darkest chapter in Victoria’s legal history”.

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Banksia class action funder’s son should not be punished for the sins of his father, judge told
Andrew Palmer 2021-03-16 10:29 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott was no Michael Corleone of the Godfather, and was not knowingly complicit in an alleged scheme masterminded by his father to defraud group members and destroy evidence, his lawyer has told a court.

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