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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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Qantas ordered to pay Perth Airport $9.5M in terminal fee dispute
Aviation 2022-03-04 11:58 am By Miklos Bolza Sydney

Qantas has been ordered to pay $9.5 million in unpaid fees after the Western Australia Supreme Court resolved a dispute over the “fair and reasonable” amount owed for terminal services provided for the airline’s domestic and international flights.

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Careers Australia liquidator can pursue overseas directors on evidence of insolvent trading
Barry Nilsson Lawyers 2022-03-04 5:29 pm By Sam Matthews Melbourne

The liquidator of collapsed vocational education provider Careers Australia can serve its lawsuit on two of the company’s former directors now living overseas, after a judge found a prima facie case of insolvent trading and breaches of directors duties had been made out.

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Johnson Winter & Slattery nabs top cyber lawyer from Corrs Chambers Westgarth
Business of Law 2022-03-04 4:14 pm By Sam Matthews Melbourne

Johnson Winter & Slattery has bolstered its growing cyber practice with the appointment of a leading data privacy lawyer from Corrs Chambers Westgarth.

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Banksia class action lawyers make $10.6M settlement offer
Andrew Palmer 2022-03-03 10:58 pm By Christine Caulfield Melbourne

Lawyers behind a scheme to defraud members of a class action over the collapse of Banksia Securities have offered $10.6 million to resolve a case that has put them on the hook for at least double that sum.

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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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Deloitte foreshadows new privilege battle in Hastie class action
Accounting 2022-03-03 2:39 pm By Miklos Bolza Sydney

Another fight over privilege may be on the cards in a shareholder class action over the collapse of the Hastie Group, with Deloitte flagging its partners may claim privilege over certain parts of the accounting giant’s evidence.

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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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Class action can’t sue over government funding decisions, NT says
Class Actions 2022-03-03 3:57 pm By Miklos Bolza Sydney

The Northern Territory government has hit back at a class action over allegedly underresourced and discriminatory healthcare services in the Indigenous community of Wadeye, saying it cannot be sued over its funding decisions.

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Law firm can’t slug group members with adverse costs bill in bushfire class actions
Andrew Fraatz 2022-03-03 6:05 pm By Miklos Bolza Sydney

A law firm that ran two class actions over the St Patrick’s Day bushfires has lost a bid to have group members foot the bill for $50,000 in adverse costs, with a judge saying there was “no basis” for the request.

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