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Class action would have been ‘infinitely better’ than COVID-19 insurance test cases, judge says
Allens 2023-07-26 11:24 pm By Cindy Cameronne

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding. 

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Court not obliged to comply with policies NSW ‘dreams up’, class action judge says
Alexander Edwards 2023-07-19 10:58 pm By Cindy Cameronne

A judge has warned the NSW government that the court does not make orders “subject to [its] internal policies” after the state failed to comply with orders to hand over documents in a class action over police strip searches.

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Court’s OK to thumbs-up signature shows perils of toying with emojis
Analysis 2023-07-18 11:00 pm By Christine Caulfield

A judge’s decision that the thumbs-up emoji on a contract constitutes a valid signature is the latest court ruling to find that emojis can amount to acceptance of an offer, and serves as a warning about the downsides of the smiley face and its offspring, experts say.

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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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Colonial First State settles super class action for $100M
Alexandra Folie 2023-07-14 1:21 pm By Christine Caulfield

Wealth manager Colonial First State Investments has agreed to pay $100 million to resolve a consumer class action alleging it charged excessive fees on superannuation accounts, in one of the biggest class action settlements of the year so far.

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Beach Energy says it had reasonable grounds for oil forecasts at centre of class action
Alistair Pound 2023-07-07 3:40 pm By Cindy Cameronne

Beach Energy has struck back at a shareholder class action over alleged misleading earnings projections for its oil and gas reserves in the Cooper Basin, saying it had reasonable grounds for its rosy predictions for production.

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In class action defence, Optus says data breach victims not entitled to damages
Ashurst 2023-07-03 5:07 pm By Sam Matthews

Optus has denied class action claims that customers suffered loss and damages for its alleged negligence in relation to last year’s massive data breach and argues they are not entitled to compensation for distress, frustration or disappointment that does not amount to a recognised psychiatric illness.

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Slater & Gordon faces court challenge to Allegro takeover by small biz
Business of Law 2023-06-29 9:44 pm By Sam Matthews

A self-managed superannuation fund has taken Slater & Gordon to court to block the the acquisition of its shares in the firm as part of the plaintiff firm’s takeover by private equity firm Allegro Funds, saying the 55 cents per share price is not fair and reasonable.

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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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