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Climate change case should not be run as a class action, government argues
Class Actions 2021-04-08 4:51 pm By Miklos Bolza

The Commonwealth of Australia is seeking to remove all references to representative proceedings from a class action pleading that alleges the government failed to disclose the impacts of climate change to investors in sovereign bonds.

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After invalidity ruling, law firm tries again with MySuper class action against NAB units
Class Actions 2021-04-08 1:50 pm By Christine Caulfield

Maurice Blackburn has brought a second class action against two NAB units over $6.3 billion in super funds, after the law firm’s first attempt was shut down by a state court as invalid.

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‘The game is not worth the candle’: Judge says oral discovery in 7-Eleven class action a waste of time
Class Actions 2021-04-01 5:05 pm By Christine Caulfield

Courts have power to order oral discovery of potential witnesses ahead of trial, according to the judge overseeing two 7-Eleven class actions by franchisees, but the cases against the convenience store giant were not the occasion to exercise the power, he said.

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Appeal filed after judge rejects bid for oral discovery in 7-Eleven class actions
Class Actions 2021-03-09 4:25 pm By Miklos Bolza

The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.

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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
Class Actions 2021-02-19 4:07 pm By Miklos Bolza

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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MySuper lawsuit gets one more chance before NAB pulls trigger on dismissal
Financial Services 2021-02-03 12:23 pm By Miklos Bolza

Two NAB units have indicated they will seek to dismiss a lawsuit over alleged MySuper mismanagement which the court recently ruled was not validly commenced as a class action if the lead applicant fails in his bid to replead.

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Class action against NAB over MySuper not validly commenced, court finds
Class Actions 2020-12-21 12:58 pm By Miklos Bolza

A class action filed by Maurice Blackburn against NAB units MLC and NULIS was invalidly commenced thanks to a carve out in the Supreme Court Act that bars class actions involving trust property, the Victoria Supreme Court has found.

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Climate change lawsuit ‘hopelessly defective’, court told
Environment 2020-11-10 2:44 pm By Miklos Bolza

The Federal Government has critised as “hopelessly defective” a lawsuit alleging it failed to disclose the impacts of climate change to investors in sovereign bonds, and the judge overseeing the matter has also raised concerns about the case.

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Claims of loss questioned in MySuper class action against NAB units
Financial Services 2020-10-29 4:04 pm By Christine Caulfield

A judge has raised doubts about claims of loss and damage in a class action by members of superannuation funds operated by NAB units MLC and NULIS over alleged MySuper mismanagement, as he determines a challenge to whether the case was validly brought as a class action.

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Property group Cromwell loses discovery bid for case against hostile suitor ARA
Corporate 2020-10-21 11:44 am By Christine Caulfield

Real estate investment giant Cromwell Property Group will not get the court’s help in pursuing a case of “unlawful association” against its largest shareholder, Singapore-based ARA Group, which has made a $518 million hostile takeover bid, and the family of Chinese billionaire Gordon Tang.

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