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‘Capricious’ conduct by Morrison government dooms Beetaloo gas contract
Energy & Natural Resources 2021-12-23 5:42 pm By Miklos Bolza

A judge has voided contracts between the Morrison government and a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin after finding the decision to enter the agreement in the midst of litigation was “legally unreasonable or capricious”.

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Class action against Zurich over faulty apartments gets go-ahead
Insurance 2021-12-13 5:20 pm By Miklos Bolza

A class action against Irish insurer Zurich Insurance Plc by unit owners of the defective New Zealand-based Victopia Apartments can proceed in Australia after the NSW Supreme Court ruled the case could not be filed elsewhere.

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Beetaloo gas exploration was approved to ‘stymie’ climate change case, judge told
Climate change 2021-11-02 9:14 pm By Miklos Bolza

The Morrison government decision’s to enter into a contract with a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin was an effort to “stymie” climate change litigation brought against the federal resources minister, a court has heard.

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Judge slams government for lacking ‘common courtesy’ in Beetaloo climate change case
Energy & Natural Resources 2021-09-14 3:28 pm By Miklos Bolza

A judge has rebuked the Morrison government for approving a gas exploration contract with a subsidiary of Empire Energy in the Beetaloo basin without notifying the environmental organisation leading a climate change lawsuit over the project.

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Maurice Blackburn did not breach obligations in TWE class action, Full Court finds
Appeals 2020-12-17 4:55 pm By Miklos Bolza

The Full Federal Court has tossed an appeal by Treasury Wine Estates claiming that Maurice Blackburn and barrister Guy Donnellan breached their obligations in preparing the pleadings in a current shareholder class action against the global winemaker.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Class Actions 2020-11-27 7:51 pm By Miklos Bolza

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Class Actions 2020-10-27 8:48 pm By Miklos Bolza

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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