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Uber loses fight to protect advice by lawyers sought to ‘avoid being caught’
Class Actions 2022-10-28 1:15 pm By Cindy Cameronne

Uber has lost its challenge to a decision that found many of its email exchanges with lawyers were made in furtherance of offences at the centre of class action claims and were not protected by legal professional privilege.

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Barrister once ‘cruelly’ rebuked by judge now banned for practising without certificate
Legal Ethics 2022-10-27 11:07 pm By Cindy Cameronne

A Queensland silk who was subjected to comments by the late Judge Guy Andrew that an appeals court later deemed cruel and humiliating has been barred from practice after allegedly appearing in court without a practising certificate.

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Judge doubts if case over NSW police strip searches should run as class action
Class Actions 2022-10-27 1:59 pm By Cindy Cameronne

A judge has cast doubt on whether a class action against the state of NSW over police strip searches at 50 music festivals should be run as a representative proceeding, telling the state to decide whether to file a de-classing application “sooner rather than later”.

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Dixon Advisory class action scores partial win in bid for insurance info
Insurance 2022-10-27 11:16 pm By Cindy Cameronne

A class action on behalf of Dixon Advisory clients with claims allegedly worth $463 million has won orders that the collapsed wealth manager disclose its insurance for liability in the proceedings. Its bid for orders that two insurers produce any relevant policies was unsuccessful.

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Receptionist in Tim Paine sexting saga can’t bring harassment case against Cricket Tasmania
Employment 2022-10-27 10:16 am By Cindy Cameronne

A former receptionist who allegedly suffered sexual harassment by Australian cricket players and managers has lost her bid to bring her case against Cricket Tasmania out of time, despite her claims of suffering ill mental health.

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Astora’s sudden fall into bankruptcy amid pelvic mesh class action ‘troubling’, judge says
Class Actions 2022-10-26 4:55 pm By Cindy Cameronne

A judge has stayed a class action on behalf of 6,000 women allegedly injured by defective pelvic mesh devices after Astora Women’s Health filed for bankruptcy in the United States, but questioned how the company had suddenly come to have no assets.

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ASIC appeals loss in conflicted remuneration case against CBA
Financial Services 2022-10-26 5:18 pm By Cindy Cameronne

The Australian Securities and Investments Commission has filed an appeal after a judge dismissed its case alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, finding it was “misconceived”.

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Crane maker NQCranes agrees to $1M penalty in ACCC’s cartel case
Competition & Consumer Protection 2022-10-26 11:36 am By Cindy Cameronne

Queensland crane company NQCranes has agreed to pay a $1 million penalty in the Australian Competition and Consumer Commission’s case alleging it engaged in a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets.

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Bayer needs ‘thoughts and prayers’ to make out privilege claim in class action, court told
Product Liability 2022-10-25 11:05 pm By Cindy Cameronne

A class action against Bayer over its allegedly defective Essure contraceptive devices has admonished the drug manufacturer’s bid to shield emails considered privileged in similar US litigation, arguing “thoughts and prayers” are needed to sustain the claim.

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ASIC sues Qoin issuer, says crypto-asset could ‘harm consumers’
Financial Services 2022-10-25 12:08 pm By Cindy Cameronne

The Australian Securities and Investments Commission has brought proceedings against a Sydney-based issuer of Qoin that is also facing a class action, alleging it misled customers about the unregulated and ‘inherently risky’ crypto-asset. 

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