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EnergyAustralia to amend defence as date set for greenwashing trial over carbon neutral claims
Energy & Natural Resources 2024-06-19 2:24 pm By Christine Caulfield

Trial has been set for next May in a case by Australian parents that accuses EnergyAustralia of engaging in misleading conduct in promoting a “carbon neutral” program, a case that puts carbon offset credits under scrutiny.

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ASIC says judge erred in assessing Gilbert + Tobin’s advice to crypto provider
Cryptocurrency 2024-06-18 3:36 pm By Sam Matthews

ASIC has wasted no time in appealing a judge’s decision to excuse cryptocurrency product provider Block Earner from paying a civil penalty on the basis that it took advice from a leading law firm that was not seen by the court. 

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Judge worries about declassing COVID-19 business interruption cases
Class Actions 2024-06-12 11:05 pm By Cindy Cameronne

A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.

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Crypto provider spared penalty in ASIC case because it took advice from leading law firm
Cryptocurrency 2024-06-04 3:12 pm By Cindy Cameronne

A judge has excused cryptocurrency product provider Block Earner from paying a penalty in a case brought by ASIC, despite finding it provided a financial product without a licence, because it obtained legal advice and genuinely believed it was not breaching the law.

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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons. 

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

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Qatar Airways passengers appeal dismissal of strip search case against airline
Appeals 2024-04-24 11:24 pm By Christine Caulfield

Five passengers who were forced off a Qatar Airways flight and strip searched at Doha International Aiport have appealed a ruling summarily tossing their claims against the airline.

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Qatar Airways passengers can’t sue airline over strip searches
Aviation 2024-04-11 2:32 pm By Cindy Cameronne

A judge has summarily dismissed a case by five passengers against Qatar Airways that alleged the airline was liable for invasive examinations conducted by Qatar police after a newborn baby was found in a bin at the Doha airport. But the case is allowed to continue against subsidiary MATAR.

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Victoria’s approach to carriage fights better than Federal Court, says judge
Class Actions 2024-02-27 5:22 pm By Cindy Cameronne

A judge overseeing an appeal in a carriage dispute in a class action against Jaguar Land Rover over allegedly defective diesel filters has said he prefers the approach of the Supreme Court of Victoria to such fights, saying firms should not revise their bids multiple times.

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Class action judge ‘very concerned’ that QBE told brokers they could ignore court request
Class Actions 2024-02-23 3:55 pm By Sam Matthews

A judge has railed against insurer QBE after it sent an email to brokers saying it could “in effect ignore” the court’s request that they notify clients about a class action on behalf of businesses that were denied business interruption coverage for COVID-19 related shutdowns. 

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