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Rate-rigging class action pleadings OK’d, more than two years after case filed
Class Actions 2021-10-28 3:56 pm By Miklos Bolza

A judge has given the green light to amended pleadings in a class action accusing major banks of entering a cartel agreement to rig foreign exchange rates, bringing a two-year fight over the pleadings closer to resolution.

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Settlement talks fail in Pitcher Partners, Arnold Bloch Leibler class actions
Class Actions 2021-10-15 4:05 pm By Miklos Bolza

Two class actions against Pitcher Partners and Arnold Bloch Leibler over advice given ahead of Slater & Gordon’s disastrous $1.2 billion Quindell acquisition will proceed to trial next month after mediation between the parties failed to resolve the cases.

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Class action mediation ‘pointless’ without unregistered group member data, Pitcher Partners says
Class Actions 2021-09-22 4:30 pm By Christine Caulfield

A judge has refused a bid by accounting firms Pitcher Partners and EY to access share trading data of unregistered group members in a securities class action over advice to Slater & Gordon, despite claims upcoming mediation will be “pointless” without the information.

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QBE wins appeal in Opal Tower coverage row with Icon, but no success for Liberty
Insurance 2021-07-21 6:04 pm By Miklos Bolza

The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.

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Negligence claims in COVID-19 class actions should be axed, aged care providers tell court
COVID-19 2021-07-13 7:34 pm By Cindy Cameronne

Two Melbourne-based aged care providers want negligence claims that are unrelated to COVID-19 removed from class actions over their handling of the pandemic, in a move that may exclude a “very large number” of group members from the proceedings.

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Mitsubishi faces class action after judge finds Triton fuel economy label misleading
Competition & Consumer Protection 2021-05-25 5:52 pm By Christine Caulfield

A law firm is set to file a class action against Mitsubishi Motors after a judge upheld a ruling that found the car maker engaged in misleading or deceptive conduct in its representations of fuel efficiency on a label fixed to the windshield of a Triton 4WD sold in 2017.

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‘Significant allegations’: ASIC ordered to flesh out case against REST
Financial Services 2021-04-09 2:53 pm By Cindy Cameronne

A judge has ordered ASIC to flesh out its case accusing the Retail Employees Superannuation of misleading members about their ability to move their super out of the REST Trust, given the “significant” allegations that a deliberate system was behind the superannuation trustee’s alleged misconduct.

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Avoiding ‘dangers’ of GetSwift approach, judge will jointly hear class actions over Slater & Gordon advice
Class Actions 2021-03-05 3:46 pm By Miklos Bolza

The judge overseeing two class actions over legal and accounting advice given ahead of Slater & Gordon’s disastrous Quindell acquisition has said he will hear the cases together, citing the “dangers” of the approach taken in litigation against GetSwift, which resulted in a judge being ordered to step down.

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Icon wins dispute with insurers over Opal Tower coverage
Insurance 2020-10-20 5:20 pm By Miklos Bolza

Construction firm Icon Co has won a coverage dispute with its insurers over $31 million in losses stemming from Sydney’s ill-fated Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Judge spots ‘fundamental flaw’ in NAB insurance class action settlement
Class Actions 2020-02-25 10:25 pm By Miklos Bolza

A judge has questioned whether he should sign off on a $49.5 million settlement in a class action against National Australia Bank over allegedly worthless credit card insurance, which he said had a “fundamental flaw” because it did not contain a provision automatically cancelling group members’ policies.

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