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High Court grants Western Power special leave in bushfire class action
High Court 2022-03-22 2:17 pm By Miklos Bolza

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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Class action members guaranteed more than 70% in first case giving lawyers slice of the pie
Class Actions 2022-02-08 2:47 pm By Christine Caulfield

The first order allowing plaintiffs lawyers to take a cut of the proceeds of a class action will guarantee group members in a case against G8 Education at least 72.5 per cent of any recoveries — a notably higher percentage than the minimum legislated by a controversial bill before federal parliament.

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Judge makes first class action order giving law firm cut of proceeds
Class Actions 2021-12-02 10:24 am By Cindy Cameronne

Saying the funding arrangement would eliminate the possibility that legal costs ate up the majority of any return to group members, a judge overseeing a shareholder case against G8 Education has issued the first ever group costs order in a class action.

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Group costs order not ‘appropriate or necessary’ in G8 shareholder class action, court told
Fiona Forsyth 2021-11-26 9:53 pm By Cindy Cameronne

A judge hearing the second ever application for a group costs order in a shareholder class action against early childhood education provider G8 Education has heard she should reject the request because it is not “appropriate or necessary” to ensure justice in the proceeding.

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Tips from 10 prominent silks on nailing the first court appearance
Courts 2021-11-25 1:03 pm By Miklos Bolza

As the courts open up after 18 months of online hearings, junior barristers who were recently called to the bar may be apprehensive at the move to in-person appearances. Here, ten top silks share their wisdom with new barristers on how to be an effective advocate in court.

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Western Power can’t palm legal costs onto Thiess for bushfire class action loss, court finds
Class Actions 2021-11-05 2:20 pm By Cindy Cameronne

Western Power is not entitled to palm off the legal costs of defending a class action after an appeals court found it was negligent in causing the January 2014 Perth Hills bushfire which destroyed 57 homes, a court has said.

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MIS regime poses ‘real risk’ to consolidating Freedom Foods class actions, court told
Class Actions 2021-09-17 10:16 pm By Miklos Bolza

Recent changes to the law requiring funded class actions to be registered as managed investment schemes have complicated the question of how best to resolve the multiplicity issue in two class actions brought against Freedom Foods and Deloitte.

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Westpac’s profits relevant, judge says in imposing $3M fees-for-no-service penalty
Financial Services 2021-07-22 9:35 pm By Christine Caulfield

Westpac has been ordered to pay $3 million after two subsidiaries admitted misleading hundreds of superannuation customers about the financial adviser fees they were charged, a penalty that took into account the Big Four bank’s massive profits.

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Western Power partly liable for 2014 Perth Hills bushfire, appeals court rules
Class Actions 2021-07-05 6:00 pm By Cindy Cameronne

Western Power was negligent in causing the January 2014 Perth Hills bushfire which destroyed 57 homes, an appeals court has found, putting the state-owned electricity company on the hook for the majority of the damage caused to members in the group action.

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Class actions against Freedom Foods, Deloitte line up for second beauty parade since High Court nod
Class Actions 2021-05-20 10:48 pm By Miklos Bolza

The stage is set for a beauty parade of two shareholder class actions against Freedom Foods and Deloitte, and the judge overseeing the cases has embraced the recommendation of the High Court to appoint an independent barrister to represent group members in the contest.

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