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Two more class actions target Hyundai, Kia over ‘defective’ engines
Product Liability 2023-02-16 4:18 pm By Christine Caulfield

Hyundai and Kia have been hit with new class actions alleging the Korean car makers knew of engine issues in cars sold in Australia as far back as 2015.

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Saga of common fund orders ripe for return to High Court
Analysis 2023-02-15 10:16 pm By Christine Caulfield

The question of power to make a common fund order at the end of a class action was no longer a hypothetical one and it was time to send the issue to the Full Federal Court. That’s what the 7-Eleven class action judge was told 15 months ago but he failed to heed the advice, resulting in a court deeply divided and funders clamouring for reform.

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KPMG class action applicants might bring CFO question to a head
Class Actions 2023-02-14 4:54 pm By Christine Caulfield

The applicants in a shareholder class action against KPMG and former directors of defunct mining company CuDeco might press for clarity on the question of common fund orders in light of a ruling Tuesday morning that further split the Federal Court on the issue.

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‘Journalism under attack’: Nine to deploy public interest defence in surgeon’s defamation case
Defamation 2023-02-14 11:31 pm By Christine Caulfield

Facing defamation claims by well-known surgeon Dr Munjed Al Muderis, Nine will call at least 27 witnesses and argue for the public interest of its coverage of allegations by patients of inadequate post-surgery care, a court has heard.

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Clive Palmer drops appeal of climate change decision blocking Queensland coalmine
Energy & Natural Resources 2023-02-13 11:49 pm By Christine Caulfield

Clive Palmer’s Waratah Coal has abandoned a challenge to a ruling that ended its plan for a coalmine in central Queensland on the grounds that the project would contribute to “foreseeable and preventable life terminating harm”.

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Bruce Lehrmann was identifiable as alleged rapist, defamation cases say
Defamation 2023-02-10 11:36 pm By Christine Caulfield

Former Liberal staffer Bruce Lehrmann was reasonably identifiable as Brittany Higgins’ alleged rapist in an interview aired on Ten’s The Project and articles published by News Corp Australia, according to court documents in defamation cases against the media companies.

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Barrister found in contempt for repping sons without certificate, but spared conviction
Legal Ethics 2023-02-09 11:11 pm By Christine Caulfield

A Victorian barrister has been found guilty of contempt of court for representing her sons despite an order barring her from legal practice, but a judge dismissed a call by the legal watchdog to record a criminal conviction, saying the lawyer had not been deliberately defiant.

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Bushfire class action applicant dodges security for costs bid by wealthy SA family
Class Actions 2023-02-08 11:50 pm By Christine Caulfield

The family of late pastoralist Thomas Brinkworth can’t get security for costs from a landowner bringing a bushfire class action in South Australia, with a court ruling security was unnecessary under the class action rules in the state, which can bind all group members to an adverse costs order.

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Google ‘negligent’ in process of removing defamatory links, court finds
Defamation 2023-02-06 11:15 pm By Christine Caulfield

Google was negligent and acted unreasonably in “doggedly” insisting that an Adelaide woman who complained about defamatory links on its search engine provide full URLs before the links were removed, a court has found.

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Law firms get time to hash out deal as Jaguar Land Rover hit with second class action
Class Actions 2023-02-03 4:16 pm By Christine Caulfield

A second class action has been brought against Jaguar Land Rover over alleged defective diesel filters in its vehicles, and the law firms running the two cases have been given until the end of the month to reach a deal to avoid a court showdown.

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