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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Alistair Pound 2021-06-03 10:10 am By Cindy Cameronne Sydney

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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NSW Deputy Premier sues YouTube star Jordan Shanks for ‘smear campaign’
Article 2021-05-28 10:01 pm By Christine Caulfield Melbourne

NSW Deputy Premier John Barilaro has followed through on his threat to sue YouTuber Jordan Shanks for defamation over videos that allegedly implied the politician acted corruptly, engaged in blackmail and repeatedly committed perjury.

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Attorney-General to pursue class action reform panned by experts
Class Actions 2021-05-27 10:23 pm By Christine Caulfield Melbourne

Reported plans by the Morrison government to continue its class action reform efforts by legislating a minimum gross return to group members was roundly knocked by experts who spoke to Lawyerly in the wake of the latest class action inquiry report.

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Government owes duty of care to protect children from climate change, court rules
Ashurst 2021-05-27 11:07 am By Miklos Bolza Sydney

The federal Minister for the Environment owes a duty of care to children who could suffer “catastrophic” harms from increased greenhouse gas emissions that would result from approving the expansion of Whitehaven’s Vickery coal mine, a judge has ruled.

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In victory for Glencore, High Court won’t weigh in on landmark transfer pricing ruling
Andrew Roe 2021-05-26 11:03 am By Cat Fredenburgh Melbourne

The High Court has denied the ATO’s request that it weigh in on Australia’s transfer pricing regime, leaving in place a Full Court victory for mining giant Glencore that left it paying $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Arnott’s, Goodman Fielder lay down swords in ‘Plantry’ trade mark battle
Article 2021-05-26 8:50 am By Cat Fredenburgh Melbourne

Arnott’s and Campbells have settled a lawsuit brought by Goodman Fielder accusing them of infringing its ‘Plantry’ mark under which it sells plant-based frozen meals, after the cookie company filed a cross-claim seeking to have the mark cancelled.

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Judge baulks at law firm’s $13.8M bill in settled Woolworths class action
Article 2021-05-20 9:24 pm By Christine Caulfield Melbourne

A judge has refused to sign off on $13.8 million in fees sought by law firm Maurice Blackburn as part of a $44.5 million settlement in a class action against Woolworths, saying the amount was “intuitively out of the range” of what was a reasonable legal bill for the case.

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Courts see record number of class actions as shareholder proceedings drop in significance
Class Actions 2021-05-20 10:30 am By WP Creative Melbourne

A record number of class actions were filed in the past year but shareholder class actions, which have been the primary target of the federal government’s attack on the class action regime, have decreased in significance, says Professor Vince Morabito.

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Class action barristers elevated to Victoria Supreme Court
Article 2021-05-18 11:08 pm By Cat Fredenburgh Melbourne

The lead counsel in class actions against AMP and Vocation and a silk who worked on the landmark Black Saturday bushfire class actions are the latest judicial appointees to the Victoria Supreme Court, boosting the class action chops of the court’s bench.

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Virgin Australia dodges lawsuit by passengers served perfume water
Article 2021-05-12 9:40 pm By Cindy Cameronne Sydney

Virgin Australia has defeated a lawsuit brought by two passengers who were served water which allegedly contained perfume, with a judge finding that their subsequent medical issues were not caused by the “tainted” water.

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