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Care A2 can’t block Gensco’s US lawsuit over soured baby formula deal
Competition & Consumer Protection 2023-08-28 10:31 pm By Cat Fredenburgh

A judge has refused infant formula company Care A2’s bid to block US business partner Gensco from filing a lawsuit in Florida that overlaps with a $200 million suit filed in Australian court over a deal to sell formula in the US amid a supply shortage.

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Construction PRO
Negligence suit tossed against expert retained in lawyer’s employment case
Amy Munro 2023-08-28 11:54 pm By Cindy Cameronne Sydney

A psychiatrist who gave expert evidence in a lawyer’s human rights case against his former employer cannot be sued for negligence because he is protected by witness immunity, a judge has found. 

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Construction PRO
Aged pensioner can’t revive class action against Social Services
Appeals 2023-08-28 11:42 pm By Cindy Cameronne Sydney

A self-represented aged pensioner has lost his bid to revive a class action against the Department of Social Services over its real estate asset testing for pensions, with a judge saying that a legal practitioner must represent group members. 

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Construction PRO
Ex-Qantas worker can’t escape settlement deed to bring discrimination claim
Anca Costin 2023-08-28 11:49 pm By Christine Caulfield

A former Qantas customer service manager can’t undo a $75,000 settlement she reached to resolve a workers compensation claim in order to pursue a discrimination suit against the airline, a court has found.

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PFAS class action judge OKs $132.7M settlement, $33M CFO
Anya Poukchanski 2023-08-25 10:38 pm By Cindy Cameronne Sydney

A judge has blessed a $132.7 million settlement and a $33 million common fund order in a class action over toxic firefighting foam, saying he was “not vexed” by whether he had power to grant the funder’s payout despite the Full Court having reserved on the contentious issue. 

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NAB class action seeks to bring ‘very serious’ new fraud allegations
Allens 2023-08-25 2:25 pm By Cindy Cameronne Sydney

NAB will fight a bid by a $78 million class action over the collapse of Walton Construction to add serious fraud allegations in the four-year-old case, which a judge said has been “mired in a procedural mess”.

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Construction PRO
Judge recuses himself from OSI’s bid for evidence in Roberts-Smith case
Arthur Moses 2023-08-25 11:30 pm By Sam Matthews Melbourne

A judge who found that Ben Roberts-Smith committed war crimes has recused himself from deciding whether the Office of the Special Investigator can access evidence in the former SAS corporal’s defamation case for its own investigation into war crimes in Afghanistan.

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$4.9B ANZ, Suncorp merger heads to Competition Tribunal
ACCC 2023-08-25 10:11 pm By Cat Fredenburgh

ANZ has lodged an application asking the Australian Competition Tribunal to reverse the competition regulator’s rejection of its $4.9 billion tie-up with Queensland-based Suncorp.

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Norovirus class action faces ‘lurking’ stay issue
Class Actions 2023-08-25 11:55 am By Sam Matthews Melbourne

After surviving multiple strike-out bids, a class action against Carnival over norovirus outbreaks on its Sun Princess cruise ship is still facing a “lurking” issue about a potential stay in relation to the claims of a subset of group members.

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Citing ‘human cost of litigation’, judge urges settlement in Linda Reynolds defamation case
Defamation 2023-08-25 10:40 pm By Cat Fredenburgh

The judge hearing a lawsuit by senator Linda Reynolds against the partner of former Liberal staffer Brittany Higgins over allegedly defamatory social media posts has urged the parties to resolve the matter outside of court, citing the “psychological strain” and “emotional stress” of litigation.

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