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Carnival class action over norovirus outbreaks faces strike out, declassing bids
Class Actions 2023-03-21 4:32 pm By Sam Matthews Melbourne

A class action against Carnival over norovirus outbreaks on its Sun Princess cruise ship is facing a strike out bid, with the cruise operator also flagging a declassing application down the line.

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Former ANZ unit says ASIC should ask bank for info in fees for no service case
Anna Garsia 2023-03-21 8:20 pm By Cindy Cameronne Sydney

A judge has rejected arguments by superannuation trustee OnePath Custodians that the corporate regulator must look to former parent company ANZ for evidence in its fees for no service case.

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Merivale slams class action’s bid for second opt out notice to workers
Adero Law 2023-03-21 3:03 pm By Sam Matthews Melbourne

Hospitality giant Merivale is contesting a bid by the applicant in a $129 million underpayments class action to issue a second opt out notice to employees, which it said was an attempt to ensure group members “take an interest” in the proceedings.

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Richard Crookes to appeal landmark judgment on SOPA’s availability to insolvent companies
Appeals 2023-03-21 10:33 pm By Sam Matthews Melbourne

Construction company Richard Crookes plans to appeal a ruling which found the Security of Payment Act is available to insolvent builders to pursue debts under a deed of company arrangement, despite an amendment to the law preventing construction companies in liquidation from enforcing payment claims.

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‘Enabled misconduct’: Lawyers, liquidators slam ASIC’s track record
ASIC 2023-03-20 2:16 pm By Cindy Cameronne Sydney

A law firm and several peak bodies for professionals in the corporate sphere have criticised the Australian Securities and Investments Commission’s enforcement track record, saying the regulator is inefficient and fails to properly address misconduct.

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Judge stays Victorian suit over alleged conspiracy to undermine HungryPanda’s EASI acquisition
Cam Truong 2023-03-20 2:57 pm By Sam Matthews Melbourne

A judge has stayed an Australian lawsuit filed by food delivery service HungryPanda against competitor Fantuan over the acquisition delivery platform EASI until a related UK lawsuit is resolved, amid a fight for control of the local Asian food delivery market.

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High Court asked to revive pooling orders for businesses with common right to sue
Appeals 2023-03-20 4:58 pm By Cindy Cameronne Sydney

A liquidator for two related NSW printing companies has launched a High Court challenge to overturn a judgment finding a joint right to sue another business for $330,000 could not be combined in a pooling order. 

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High Court to hear class action waiver challenge in Ruby Princess case
Amy Reid 2023-03-17 4:31 pm By Christine Caulfield

The High Court has granted leave to the applicant in a class action against Carnival PLC to appeal a ruling that upheld a class action waiver in tickets bought by foreign passengers on the ill-fated Ruby Princess in 2020.

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Class action judge concerned about Colonial ‘siphoning’ $655M to CBA
CBA 2023-03-17 2:39 pm By Cindy Cameronne Sydney

A judge overseeing a class action against Colonial First State Investments has raised concerns about a $655 million dividend to CBA, questioning whether group members’ recovery could be in danger.

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High Court to hear Qld council’s appeal in class action by waterfront property owners
Appeals 2023-03-17 11:31 pm By Cat Fredenburgh

The High Court has granted special leave to a Queensland council to challenge a ruling ordering it to repay owners of waterfront properties tens of thousands of dollars spent on an invalid canal maintenance levy.

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