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3A cladding class action wins spat over issues to be canvassed at two-month trial
Competition & Consumer Protection 2024-07-19 11:46 pm By Cindy Cameronne

Building materials manufacturer 3A Composites has lost a challenge to questions for a judge at an initial trial of a class action over combustible cladding, with a judge finding the issue of whether the company’s Alucobond panels were of acceptable quality was common to all group members. 

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BHP class action to take fresh look at pleadings after failure of CBA cases
Class Actions 2024-07-18 1:28 pm By Cindy Cameronne

A shareholder class action against BHP has sought more time to finalise its pleadings ahead of trial, after a judge threw out two class actions against the Commonwealth Bank that also alleged continuous disclosure breaches.

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Grays hit with $10M penalty for misleading cars listings
Competition & Consumer Protection 2024-07-18 11:48 pm By Cindy Cameronne

Online auction site Grays has been ordered to pay $10 million in penalties after it admitted to making misleading statements in the descriptions of at least 750 cars listed for sale on its website. 

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Opal Tower builder Icon, Liberty Mutual spar over class action legal bill
Insurance 2024-07-17 10:59 pm By Cindy Cameronne

The builder of Sydney’s troubled Opal Tower has brought a claim for indemnity against insurer Liberty Mutual, which has already agreed to pay out $22.5 million, claiming it is owed a total of $12.5 million for its costs in defending a class action by residents. 

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Clive Palmer files bid for default judgment against ex-ASIC chair James Shipton
ASIC 2024-07-17 11:08 pm By Cindy Cameronne

Clive Palmer has filed an application for default judgment against the former chair of the Australian Securities and Investments Commission, James Shipton, in his proceedings alleging he acted in bad faith and beyond his power in the regulator’s pursuit of claims.

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KPMG shuts down legal services division, makes 30 jobs redundant
Business of Law 2024-07-16 2:14 pm By Cindy Cameronne

Citing a wish to focus on tax, KPMG Australia will restructure its business and shut down its separate commercial law practice, making around 30 roles redundant.

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‘We’re not King & Wood Mallesons’ excuse doesn’t wash in bid to revive $400M suit
Construction 2024-07-16 2:36 pm By Cindy Cameronne

A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

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Scrapped Chorley exception should not be revived based on law firm size, Full Court says
Business of Law 2024-07-16 11:11 pm By Cindy Cameronne

An incorporated legal practice has lost its bid to recover costs for work done by its own solicitors while self-represented in a dispute with a former client, with the Full Federal Court finding that making an exception based on firm size would “revive an inequality before the law”.

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Judge questions law firm’s 40% contingency fee in Ansell class action
Class Actions 2024-07-15 2:18 pm By Cindy Cameronne

A judge has questioned the law firm running a class action against medical glove maker Ansell on its application for a contingency fee rate of 40 per cent, which would equal the highest rate granted since Victoria allowed firms to earn a percentage profit of a group proceeding.

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Court rips up law firm’s ‘positively misleading’ costs agreement
Legal Ethics 2024-07-15 11:12 pm By Cindy Cameronne

A judge has set aside a costs agreement between a Perth-based law firm and its client in a family law matter that culminated in a $87,000 bill, saying the agreement was “positively misleading” with respect to the applicable hourly rates.

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