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‘Everybody is incredulous’: Silk tells court of surprise at Norman O’Bryan’s fall from grace
Business of Law 2022-03-23 10:18 pm By Christine Caulfield Melbourne

Commenting on the unprecedented nature of the case against her client — the so-called postbox solicitor in the Banksia Securities class action — a senior barrister has told a court of her shock at the conduct of her former colleague at the bar, Norman O’Bryan, who acted as lead counsel in the scandal-ridden litigation.

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Judge questions if Philips class action ‘appropriately resourced’
Carbone Lawyers 2022-03-23 3:51 pm By Cindy Cameronne Sydney

A judge has questioned whether the lead applicant in a class action over sleep apnea machines with alleged safety defects was “appropriately resourced” to run the case against health tech giant Philips.

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Corestaff group members would get less than half of $6.4M settlement if funder seeks 35% cut
Class Actions 2022-03-23 11:46 am By Cat Fredenburgh Melbourne

Group members in a class action by Papua New Guinea workers against labour hire firm CoreStaff would get less than half of a $6.4 million settlement if the funder that backed the case seeks a common funder order for a 35 per cent commission.

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Court appoints contradictor in class action funder’s challenge to MIS rules
Adam Hochroth 2022-03-22 3:59 pm By Miklos Bolza Sydney

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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High Court grants Western Power special leave in bushfire class action
Brahma Dharmananda 2022-03-22 2:17 pm By Miklos Bolza Sydney

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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Judge’s ‘blood boils’ over lack of cooperation in Domino’s class action
Class Actions 2022-03-21 2:07 pm By Cindy Cameronne Sydney

A judge has censured Domino’s Pizza and the lead applicant in an underpayments class action, saying their lack of cooperation made his “blood boil”.

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Shadow AG watched ‘in horror’ as class action reforms advanced
Class Actions 2022-03-18 11:31 pm By Cindy Cameronne Sydney

Shadow attorney-general Mark Dreyfus said he watched “in horror” as a bill mandating that funded class actions be registered as managed investment schemes passed through Parliament in 2020 without consultation.

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Australia second to US for climate-related litigation, report finds
ASIC 2022-03-18 7:11 pm By Sam Matthews Melbourne

Australia ranks second in the world for climate-related lawsuits, and the threat of climate litigation looms larger than ever for Australian companies across all sectors, a new report has found.

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Judge pans ‘inappropriate’ class action reforms, says courts have it covered
Class Actions 2022-03-18 5:36 pm By Cindy Cameronne Sydney

A Federal Court judge has criticised “inappropriate” class action reforms pushed by the government, saying the courts have done a “good job” of crafting solutions to deal with issues that arise in the class action regime.

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Climate change appeal decision: End of the road for novel duty of care?
Appeals 2022-03-18 2:11 pm By WP Creative

The Full Federal Court was emphatic in its decision that the environment minister does not owe a duty of care to Australian children to shield them from climate change harm, but there is no doubt the law will be put to the test again soon, says Corrs Chambers Westgarth’s Louise Camenzuli, Julia Green and Max Newman.

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