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Judge keeps climate change class action alive, as duty to children enshrined in law
Ashurst 2021-07-08 1:20 pm By Miklos Bolza

The federal Minister for the Environment has lost a bid to declass a class action brought over climate change risks from an expansion of the Whitehaven coal mine, with a judge making a declaration that the government owes a duty to all Australian children to protect them from global warming.

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Federal Circuit Court judge engaged in inappropriate conduct towards two women, inquiry finds
Courts 2021-07-07 11:56 pm By Christine Caulfield

A Federal Circuit Court judge has resigned after an inquiry found he engaged in inappropriate conduct of a “sexualised” nature towards two young women.

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CDPP sent back to the drawing board to address ‘defects’ in ANZ cartel case
ACCC 2021-07-07 6:24 pm By Miklos Bolza

A judge has ordered the Commonwealth Director of Public Prosecutions to file a replacement indictment to address defects in the document at the centre of its criminal cartel case over a $2.5 billion ANZ share placement in August 2015.

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Forum Finance boss headed back to Australia to face $263M fraud claims, court hears
Andrew Hourigan 2021-07-07 4:51 pm By Cat Fredenburgh

The director of Forum Finance, which has been accused by Westpac and Societe Generale of a $263 million fraud, is in Europe and will return to Australia over the weekend, although he has refused to tell his lawyer his exact location, a court has heard.

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Second COVID-19 insurance test case to be decided by end of year
Chief Justice James Allsop 2021-07-07 1:38 pm By Cat Fredenburgh

A COVID-19 business interruption test case that was filed in the Federal Court following a landmark loss for insurers in test case before the NSW Court of Appeal, will be determined along with any appeals by the end of the year, a judge has said.

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HWL Ebsworth avoids hit from $263M Forum Finance scandal
Andrew Hourigan 2021-07-06 9:48 pm By Miklos Bolza

Law firm HWL Ebsworth says it has avoided any negative financial impact from its connection with Sydney financial firm Forum Finance, which has been accused by Westpac of a $263 million fraud.

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Former Arrium directors point finger at KPMG in class action defence
Ashurst 2021-07-06 2:00 pm By Miklos Bolza

Four executives of the failed Arrium have named auditor KPMG as a “concurrent wrongdoer” in defending a shareholder class action over a $754 million capital raising two years prior to the mining and steel giant’s $2 billion collapse.

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Facebook says ACCC’s data collection allegations ‘overstated’
ACCC 2021-07-06 11:52 am By Miklos Bolza

Facebook has accused the Australian Competition and Consumer Commission of overstating the amount of data it collected on users through its discontinued Onavo Protect mobile app, and says the collection was allowed under its terms of service.

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Quintis class actions reload as insurance brawl delays settlement approval
Agriculture 2021-07-05 4:54 pm By Miklos Bolza

Two shareholder class actions against sandalwood producer Quintis that reached an in principle settlement over a year ago are moving forward following a protracted dispute over insurance, with the lead applicants getting approval to file proposed amended pleadings.

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Arrium settlement was a ‘substantial compromise’, judge says
Amy Munro 2021-07-05 4:05 pm By Cat Fredenburgh

A settlement reached in a lawsuit by the liquidators of collapsed steel giant Arrium against 10 former company directors accused of insolvent trading has been approved by a judge, who noted that while the settlement amount was “substantial”, the deal involved a “substantial compromise”.

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