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Resort not vicariously liable for actions of urinating employee, High Court says
Appeals 2023-08-02 10:14 pm By Cat Fredenburgh

The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.

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EY points finger at Blue Sky in shareholder class action defence
Accounting 2023-07-31 10:32 pm By Cat Fredenburgh

Auditor Ernst & Young has filed cross-claims against Blue Sky in a shareholder class action accusing the collapsed investment firm of misleading shareholders by misstating its assets under management.

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Shine’s bid for $32M in loan interest raises ‘never seen before’ conflicts: judge
Alec Leopold 2023-07-24 10:08 pm By Cindy Cameronne

Shine Lawyers’ bid to recoup “exorbitant” interest on a loan it took out to run pelvic mesh class actions against Johnson & Johnson has raised new ethical dilemmas beyond the usual “sweaty palms and huge vexation” in most group proceedings, a judge has said.

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Three years in, court coming to grips with group costs orders
Analysis 2023-07-17 10:10 pm By Sam Matthews

Three years on from their debut, group costs orders — which entitle law firms to a percentage of any recovery in class actions — have raised a host of novel issues that are keeping lawyers and the court busy.

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Class action slams Carnival’s ‘bizarre’ bid for law firm’s strategy docs
Carnival 2023-06-29 11:00 pm By Gareth Baker

A Shine Lawyers class action over norovirus outbreaks on Carnival’s Sun Princess cruise ship has called an attempt to see documents outlining its strategy for the case “abusive” and “bizarre”, as the cruise operator continues its fight to have the suit struck out. 

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Firm with lowest contingency fee wins praise in Star class action beauty parade
Class Actions 2023-06-28 11:41 pm By Sam Matthews

As the knives come out in a contest between four law firms battling to run an $80 million class action against Star Entertainment, a court-appointed barrister has named his favourites – one of which has proposed a contingency fee of just 14 per cent.

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No win, no fee model bashed in four-way fight to run Star class action
Class Actions 2023-06-27 11:36 pm By Sam Matthews

Three firms fighting for carriage of a $80 million class action against Star Entertainment say a group costs order would guard against ‘costs blowouts’ in the case and have urged a judge to ditch a no win, no fee proposal brought by fourth-to-file firm Shine Lawyers.

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Judge ‘very concerned’ by delay, miscommunication in P&O Cruises cases
Entertainment 2023-06-22 3:30 pm By Sam Matthews

A judge has expressed her concern over delays in a suite of cases filed against P&O Cruises by holidaymakers who were seriously injured in a fatal bus collision in Vanuatu in 2016.

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Facing ‘staggeringly large’ security costs, class action queries separate lawyers for Blue Sky execs
Banton Group 2023-06-21 11:07 pm By Sam Matthews

The applicant in a class action against Blue Sky Alternative Investments and auditor EY has raised an “often overlooked” principle to challenge the separate legal representation of two of the company’s directors, dodging applications for almost $15 million in security – for now.

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7 years in and counting, Worley class action ‘needs finality’: judge
Alexander Edwards 2023-06-20 2:47 pm By Cindy Cameronne

A judge has declined to hear an interlocutory stoush about the scope of a shareholder class action against engineering company Worley before an upcoming trial, saying the case, which has been on foot since 2015 and was appealed to the High Court, needed “some finality”. 

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