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CIMIC knocks ballooning pleadings in shareholder class action
Alexandra Folie 2022-09-30 2:08 pm By Sam Matthews Melbourne

Construction firm CIMIC has foreshadowed a fight over “obscure” new pleadings in a two year-old shareholder class action alleging the company failed to keep the market informed about issues with its Middle East operations.

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Dick Smith execs ask High Court to toss case over final dividend
Alice Zheng 2022-09-29 10:33 pm By Cat Fredenburgh

Two former executives of defunct electronics retailer Dick Smith have asked the High Court to hear their challenge to a $11.8 million damages award for approving a dividend payment the company could not afford.

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‘I have no faith in your time records’: Class action firm ticks off judge
Adero Law 2022-09-29 4:08 pm By Cindy Cameronne

A judge who slashed the fees of a law firm that reached a $1.55 million settlement in two class actions against supermarket chain Romeo’s has expressed her “annoyance” at the firm’s attempt to tender time records to justify the bill.

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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
Anna Wilson 2022-09-29 11:11 am By Sam Matthews Melbourne

The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator “ignored the circumstances” in which the product was distributed.

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Santos appeals ruling pausing $4.7B offshore drilling project
Allens 2022-09-28 11:48 pm By Cindy Cameronne Sydney

Santos has filed an appeal after Tiwi Islanders won a Federal Court challenge to a $4.7 billion Barossa offshore gas project, with a judge finding they were not properly consulted about the project, which they say would harm their culture and way of life.

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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Aviation 2022-09-28 11:40 pm By Sam Matthews Melbourne

The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus” for group members.

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Clive Palmer’s injunction bid premature in $30B spat over Pilbara iron ore mine, court says
Alexander Law 2022-09-28 11:19 pm By Sam Matthews Melbourne

A judge overseeing mining magnate Clive Palmer’s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmer’s companies Mineralogy and International Minerals under the controversial ‘Palmer Act’.

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J Hutchinson, CFMMEU appeal $1.35M fine over construction boycott
ACCC 2022-09-28 11:09 pm By Cat Fredenburgh

J Hutchinson and the CFMEU have appealed a judgment slapping them with a combined $1.35 million penalty for agreeing to boycott an independent subcontractor at a Brisbane construction site.

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Pelvic mesh class action halted after Astora files for bankruptcy in US
AJB Stevens 2022-09-28 3:48 pm By Cindy Cameronne Sydney

A judge has paused a class action on behalf of 6,000 women allegedly injured by defective pelvic mesh devices pending determination of an application by Astora Health for a stay of the proceedings following its bankruptcy filing.

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Optus woes continue with second law firm investigation over data breach
Class Actions 2022-09-28 2:31 pm By Christine Caulfield

As the FBI joins the hunt for the hackers behind last week’s massive data breach at Optus, a second law firm has launched an investigation into possible claims against the telecommunications giant.

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