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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Class Actions 2022-09-28 11:40 pm By Sam Matthews

The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus” for group members.

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Judge mulls contradictor in $105M Boston Scientific class action settlement despite no red flags
Product Liability 2022-09-28 1:39 pm By Sam Matthews

The judge overseeing a class action against US medical device maker Boston Scientific is considering appointing a contradictor to look over the $105 million settlement reached in the case, despite seeing no obvious obstacle to approving the deal.

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Clive Palmer’s injunction bid premature in $30B spat over Pilbara iron ore mine, court says
Energy & Natural Resources 2022-09-28 11:19 pm By Sam Matthews

A judge overseeing mining magnate Clive Palmer’s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmer’s companies Mineralogy and International Minerals under the controversial ‘Palmer Act’.

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In latest scathing reversal, judge gets overturned for ‘illogical’ finding against worker
Appeals 2022-09-27 11:04 pm By Sam Matthews

The Federal Court has overturned the ex-tempore ruling of a judge who has been taken to task in strongly-worded appeals court decisions on numerous occasions, saying his latest findings were flawed and illogical.

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‘Be afraid’: AG announces federal anti-corruption commission
Public Corruption 2022-09-27 12:20 am By Sam Matthews

Attorney-General Mark Dreyfus has announced legislation to establish a federal anti-corruption commission by mid-2023, pledging $262 million over four years to the body, which will have broad and retrospective powers to investigate public corruption.

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Criminal case should run before COVID-19 hotel quarantine class action, court told
COVID-19 2022-09-27 2:05 pm By Sam Matthews

The state of Victoria has brought criminal action against the DHHS over its handling of the hotel quarantine debacle in 2020 and wants to push off separate class action proceedings until the charges are heard.

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Westpac slams ‘disorderly’ shareholder class action over AUSTRAC disclosures
Class Actions 2022-09-16 2:42 pm By Sam Matthews

Westpac has criticized the lead applicant in a class action filed in the wake of AUSTRAC proceedings for the “disorderly” conduct of the lagging proceedings, with discovery yet to be finalized as the case nears its third anniversary.

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Lactalis breached Dairy Code by not publishing milk prices, court rules
Competition & Consumer Protection 2022-09-16 10:19 pm By Sam Matthews

A judge has found that dairy processor Lactalis Australia breached a mandatory industry code between farmers and processors requiring it to publish milk supply contracts on its website.

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Mayfair’s James Mawhinney wins reversal of 20-year ban
Appeals 2022-09-15 11:08 am By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has won an appeal against a decision that saw him banned from soliciting funds or promoting any financial product for 20 years.

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‘Most regrettable’: Mawhinney’s incompetence claims against lawyers don’t come close, judges say
Financial Services 2022-09-15 1:52 pm By Sam Matthews

Despite scoring a win Thursday in his appeals court battle with ASIC, Mayfair 101’s James Mawhinney was criticized for his “spurious” claims against solicitors and counsel acting for him.

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