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Class closure ‘anathema’ to class action regime, contradictors tell High Court
Class Actions 2024-11-04 11:39 pm By Cindy Cameronne

Class closure orders are “anathema” to the purpose of group proceedings in facilitating access to justice and should never be ordered, the High Court has been told.

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‘This happens every day’: Judge doubts barrister’s bias claim in disciplinary appeal
Legal Ethics 2024-09-10 11:47 pm By Cindy Cameronne

An appeals court on Tuesday questioned claims that a tribunal’s decision had the appearance of bias when it found a Sydney barrister guilty of professional misconduct for bringing allegedly unfounded claims against a solicitor.

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ANZ resists ‘roving commission’ into culture in sacked trader’s lawsuit
Employment 2024-09-05 2:17 pm By Cindy Cameronne

ANZ has argued a sacked trader’s bid for discovery has turned into a “roving commission” of the bank’s culture in a lawsuit alleging the trader was terminated for complaining about the bank’s manipulation of the bank bill swap rate. 

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AG can gatekeep insurance providers for NSW lawyers, appeals court finds
Business of Law 2024-08-21 11:26 pm By Andy Sidler

The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state’s Attorney General.

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High Court asked to resolve appellate court split on class closure
High Court 2024-05-15 11:22 pm By Cindy Cameronne

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

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Not ‘plainly wrong’: NSW appeals court sticks to guns on class closure
Class Actions 2024-04-17 1:12 pm By Cindy Cameronne

The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”. 

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Invisalign wins appeal against penniless SmileDirectClub over teeth straightener claims
Appeals 2024-04-11 9:07 pm By Sam Matthews

Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.

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Aussie Skips appeals cartel judgment socking it with $3.5M fine
Competition & Consumer Protection 2024-03-27 3:15 pm By Christine Caulfield

Aussie Skips is fighting a court’s ruling that imposed a $3.5 million penalty against the waste company and sentenced its boss to an 18-month intensive corrections order, in a criminal cartel case that also implicated Bingo Industries.

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Bingo, Aussie Skips hit with $33.5M in cartel penalties, CEOs get community service
Competition & Consumer Protection 2024-02-23 12:52 pm By Sam Matthews

A judge has sentenced the former CEO of Bingo Industries to two years’ imprisonment to be served in the community and imposed $30 million in penalties against the waste company for a cartel arrangement with rival Aussie Skips, which copped fines of $3.5 million and an 18 month’ intensive corrections order for its boss. 

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Top 10 class action settlements of 2023
Top 10 Class Action Settlements 2024-01-05 4:07 pm By Cat Fredenburgh

Companies and government entities paid out less to settle class actions in 2023 than in the previous two years, with no mega settlements hitting their pocketbooks.

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