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REST’s reliance on law firms’ advice a winning defence in ASIC case
Financial Services 2024-09-18 11:22 pm By Sam Matthews

A judge has tossed ASIC’s case against REST over alleged misleading representations, finding the representations were statements of opinion reasonably held based on the advice of lawyers.

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‘So what?’ Judge says rate-rigging class action can’t impose views on registration
Class Actions 2024-02-27 9:58 pm By Cat Fredenburgh

A judge has ordered soft class closure ahead of mediation in a class action against five major banks over alleged foreign exchange rate-rigging, saying the applicant’s subjective view on what will assist mediation should not be imposed on the banks.

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COVID-19 aged care class actions put on ice pending criminal trials
Class Actions 2024-02-01 3:40 pm By Sam Matthews

Still in the dark about insurance coverage and seeking to stem the flow of cash, two class actions against Heritage Care and St Basil’s over COVID-19 outbreaks have been shelved pending the outcome of criminal cases against the Victorian aged care providers, in a decision the judge said “wouldn’t gladden the hearts of group members”. 

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Qantas stands by defence in ghost flights case
Competition & Consumer Protection 2023-12-04 9:54 pm By Cat Fredenburgh

Qantas has hit back the ACCC’s argument that the airline failed to respond to key allegations in its ‘ghost flights’ case, telling the court it’s the regulator’s job to particularise its claims.

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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ACCC calls out Qantas for ‘failure’ to respond to key claims in landmark case
Competition & Consumer Protection 2023-11-08 1:58 pm By Sam Matthews

The ACCC has raised concerns over Qantas’ alleged failure to respond to claims in a blockbuster case against the airline over the sale of tickets on cancelled flights.

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‘What’s the limit to this?’ Judge questions bid for insurance docs in COVID-19 outbreak class actions
Insurance 2023-10-19 9:15 pm By Sam Matthews

A judge has questioned a challenge by two class actions against Victorian aged care providers to a ruling that rejected their bid for insurance and financial information, which the defendants argue would have far-reaching implications.

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Top 10 class action settlements of 2022
Top 10 Class Action Settlements 2023-01-06 3:23 pm By Sam Matthews

Class action settlement sums reached new highs last year, with the ten largest agreements totalling almost $1 billion, almost half of which was secured by one plaintiff law firm.

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EY settles class action claims over Slater & Gordon audits
Class Actions 2022-05-26 10:49 pm By Cat Fredenburgh

Ernst & Young has settled all claims against it in a shareholder class action alleging the Big Four accounting firm and Pitcher Partners signed off on an overly rosy year-end financial report that failed to disclose risks and impairments associated with the law firm’s disastrous $1.2 billion acquisition of UK insurance claims company Quindell.

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ASIC loses waiver argument over privileged docs in case against REST
Competition & Consumer Protection 2022-04-29 2:18 pm By Sam Matthews

A judge has panned ASIC’s bid to discover a wide range of privileged communications between super fund REST and various legal advisers, finding the regulator used a “very wide net” to catch nothing at all.

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