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Judge questions ‘independent skill and judgment’ in third class action against IC Markets
Class Actions 2024-05-03 3:54 pm By Sam Matthews

A judge has questioned the “independent skill and judgment” applied to the pleading in a third class action filed against International Capital Markets over risky derivative products, amid a “hot contest as to carriage and forum”.

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Full Court awards $24.5M commission to 7-Eleven class action funder
Appeals 2024-05-02 3:33 pm By Sam Matthews

The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.

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With constitutional issue on cards, Full High Court to hear KPMG’s class action transfer push
Class Actions 2024-05-02 11:41 pm By Sam Matthews

The Full High Court will sit for the hearing of KPMG’s battle to transfer a Victoria class action to Sydney, as the applicant in the case raises a question as to the constitutional validity of the firm’s argument that the NSW Supreme Court is bound to keep a group costs order operative. 

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PwC says it’s not liable for employee’s alleged sexual harassment at Sydney bars
Employment 2024-05-02 2:53 pm By Sam Matthews

PricewaterhouseCoopers has struck back at claims in a Fair Work suit brought by a graduate associate, denying liability for the alleged sexual harassment by the woman’s manager at multiple Sydney bars.

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Lawyer’s miscalculation justifies extension in Santos engineer’s unfair dismissal case, FWC says
Employment 2024-05-01 1:43 pm By Sam Matthews

A former engineer with Santos has won a bid for more time to bring a claim against the energy giant, with the Fair Work Commission finding “an error in arithmetic” by her lawyer was a reasonable explanation for the out-of-time filing.

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ICAC finds employees of Downer EDI, council engaged in ‘serious corrupt conduct’
Public Corruption 2024-05-01 11:20 pm By Sam Matthews

The NSW Independent Commission Against Corruption says it is seeking advice from the Director of Public Prosecution about whether prosecutions should be commenced against nine men, including several Downer EDI employees, after an investigation revealed “serious corrupt conduct” on transport projects.

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PwC says former senior associate was not axed for bullying complaints
Employment 2024-04-30 11:17 pm By Sam Matthews

PricewaterhouseCoopers has hit back at an employment suit filed by a former senior associate, saying the decision to terminate her employment was “entirely unrelated” to complaints she made about a supervisor’s “repeated bullying”.

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Hitachi denies joint liability with Acciona over guarantees for $511M waste-to-energy plant
Construction 2024-04-30 2:38 pm By Sam Matthews

Japanese company Hitachi has hit back at a lawsuit filed by the entity in charge of a $511 million waste-to-energy plant in Western Australia which accuses Acciona of withholding $38.6 million in bank guarantees, denying any joint liability with the Spanish infrastructure giant.

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Court won’t keep settlement figure secret in Palm Island class action
Class Actions 2024-04-29 2:48 pm By Sam Matthews

A judge has rejected a bid to keep the settlement sum under wraps in a class action against Nine over its coverage of litigation related to the 2004 Palm Island riots, noting that a “ballpark” figure is already open to be deduced from the settlement deed. 

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Insurer not on hook for scrapped NSW music festival during Black Summer bushfires
Insurance 2024-04-29 11:04 pm By Sam Matthews

Insurer Lloyd’s in not on the hook for losses arising from a cancelled 2019 music festival, with a judge finding the Black Summer bushfires did not render cancellation necessary as was required for coverage under the relevant insurance policy.

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