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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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Tips from top barristers on litigating in a virtual courtroom
Feature 2020-04-14 10:14 pm By Miklos Bolza

The novel coronavirus pandemic has forced Australian courtrooms into the virtual world, with many barristers and solicitors litigating via phone or video for the first time. Here, some of Australia’s top barristers offer tips on how to bring your A game into the virtual realm.

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Melco must produce docs to Crown Resorts inquiry, appeals court says
White Collar 2020-03-12 10:00 pm By Christine Caulfield

Hong Kong-based casino group Melco Resorts must hand over documents claimed to be privileged to a NSW public inquiry into James Packer’s Crown Resorts, with an appeals court ruling the inquiry had the power of a royal commission.

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Merivale slams pleadings in $129M underpayment class action
Class Actions 2020-03-12 12:26 pm By Miklos Bolza

A court has ordered the lead applicant in a $129 million underpayment class action against Merivale to fill gaps in his case, after the hospitality giant complained there was insufficient information as to how the employee’s claims related to other workers.

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Federal Court grapples with own practice note in IAG insurance class action
Class Actions 2020-03-10 4:59 pm By Miklos Bolza

With the common fund order tossed in a class action against two IAG entities over allegedly worthless add-on insurance, a Federal Court judge on Tuesday was asked to grapple with a practice note in determining when to notify group members of a possible order to “equitably and fairly” distribute the legal costs and funding commission in the proceedings.

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Government reaches settlement in toxic foam class actions
Class Actions 2020-02-27 10:55 am By Cat Fredenburgh

A settlement has been reached in three class action against the Commonwealth of Australia over the use of allegedly toxic firefighting foam at government military bases.

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ASIC pans Wagyu and shiraz ‘thought experiments’ in Westpac home loan appeal
Financial Services 2020-02-25 5:05 pm By Miklos Bolza

ASIC has criticised a Federal Court judge for his ‘thought experiments’ around prospective home loan applicants feasting on Wagyu beef and shiraz, as the regulator challenges the judge’s dismissal of its responsible lending case against Westpac.

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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Class Actions 2020-02-19 8:38 pm By Miklos Bolza

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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Judge says no need to clarify referees’ role in PFAS class actions
Class Actions 2020-01-10 5:05 pm By Cat Fredenburgh

The judge overseeing three class actions against the Commonwealth alleging contamination from the use of toxic firefighting foam at three naval bases has shot down the plaintiffs’ bid for a formal communication reminding two referees of their role in the proceedings.

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Judge fines Volkswagen $125M after slamming ‘manifestly inadequate’ ACCC settlement
Competition & Consumer Protection 2019-12-20 11:45 am By Miklos Bolza

A Federal Court judge has slapped Volkswagen with a record $125 million penalty over its emissions cheating scandal after expressing outrage at a “manifestly inadequate” $75 million settlement agreement reached with the Australian Competition and Consumer Commission.

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