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‘Plague’ of competing class actions driving new filings: report
Allens 2023-08-07 10:56 pm By Sam Matthews Melbourne

Competing class actions, which a judge recently called a “plague” on the courts, are driving a rise in class actions, with new representative proceedings brought this year set to outpace last year’s filings, according to a report by law firm Allens.

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Roberts-Smith wants judge to recuse himself from deciding if OSI can see evidence
Arthur Moses 2023-08-07 1:03 pm By Cindy Cameronne Sydney

Ben Roberts-Smith has argued a judge should recuse himself from deciding if the Office of the Special Investigator can access his defamation court file, arguing the public might think he was biased and wanted to “further” his findings that the former SAS corporal committed war crimes.  In a case management hearing on Monday, Arthur Moses…

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Tax Commissioner appeals Hannover Life win on tax credits
Appeals 2023-08-07 1:35 pm By Cat Fredenburgh

The Commissioner of Taxation has appealed a judgment that found reinsurer Hannover life should be allowed tax credits for GST paid on a share of its overheads, including rent and power.

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HWL Ebsworth can’t point finger at client to reduce liability for negligence
Automotive 2023-08-04 11:21 pm By Sam Matthews Melbourne

A judge has ruled that HWL Ebsworth’s negligent advice over property in Paramatta’s ‘Auto Alley’ cost a client $2 million, rejecting the firm’s plea of contributory negligence against the owner.

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ACCC rejects $4.9B ANZ, Suncorp merger
ANZ 2023-08-04 12:18 pm By Cat Fredenburgh

The ACCC has rejected ANZ’s $4.9 billion acquisition of Queensland-based Suncorp, setting up a likely challenge before the Australian Competition Tribunal.

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Deloitte’s $2.5M bill in CBA class action holds up settlement approval
CBA 2023-08-04 2:08 pm By Sam Matthews Melbourne

A judge asked to approve a $50 million settlement in a consumer credit insurance class action against the Commonwealth Bank has questioned a $2.5 million deduction for professional services firm Deloitte.

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Judge asks if class action firm’s uncertain GCO back-up plan ‘artificial’
Class Actions 2023-08-04 3:40 pm By Cindy Cameronne Sydney

A judge overseeing a class action against Suncorp subsidiary AAI has questioned whether the “uncertain” plan B of a law firm seeking a 25 per cent group costs order was artificially uncertain to increase the relative appeal of its contingency fee bid.

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Funder wins indemnity costs despite ‘tactical’ $2M settlement offer
Bartier Perry 2023-08-04 11:01 pm By Cat Fredenburgh

A funder has won its bid for indemnity costs following a $2 million settlement offer, despite the offer being a ‘tactical’ move for costs protection in its successful $14.8 million claim against a Sydney property developer. 

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Alec Leopold 2023-08-03 11:22 am By Cindy Cameronne Sydney

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.

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Coalition urges government to ‘show some leadership’ on AI regulation
Intellectual Property 2023-08-03 10:18 pm By Sam Matthews Melbourne

A Coalition MP has urged the government to take action on the regulation of artificial intelligence, flagging “very significant” issues in the intellectual property sphere.

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