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High Court asked to weigh in on Queensland floods class action
Class Actions 2021-10-07 11:25 pm By Cat Fredenburgh

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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Ben Roberts-Smith fights ‘ridiculous’ bid to make medical records public as trial faces delay
Arthur Moses 2021-10-01 4:29 pm By Cindy Cameronne

Former SAS soldier Ben Roberts-Smith is fighting to shield medical records Fairfax says should be made public to “safeguard open justice”, as trial in his defamation case against the publisher faces further delay due to COVID-19 border restrictions.

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Judge wrong to shut down MySuper class action, appeals court hears
Appeals 2021-09-27 9:01 pm By Miklos Bolza

A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.

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Concrete company knew of prior Opal Tower failure, class action cross-claim alleges
Class Actions 2021-09-15 11:46 pm By Miklos Bolza

Prefab concrete company Evolution Precast Systems failed to install reinforced concrete in Sydney’s ill-fated Opal Tower and knew about a prior failure with one of the building’s panels, engineer WSP Structures alleges in a cross-claim lobbed in a class action on behalf of residents of the tower.

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Seqwater wins appeal in Queensland floods class action
Class Actions 2021-09-08 11:29 am By Christine Caulfield

Water supplier and dam operator Seqwater has won its high-stakes challenge to a ruling finding it liable for the 2011 Queensland floods and sticking it with half the damages owed to thousands of class action members.

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Ben Roberts-Smith wants to bring claim against ex-wife’s friend
Defamation 2021-09-08 4:11 pm By Cindy Cameronne

Accused war criminal Ben Roberts-Smith has filed an application to bring a claim against the close friend of his ex-wife in a case accusing his former spouse of unlawfully accessing his email account containing privileged communications with lawyers.

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Court to rule soon in Queensland floods class action appeal
Class Actions 2021-09-06 4:42 pm By Christine Caulfield

Dam operator Seqwater will find out this week if its decision not to settle with group members in a class action over the 2011 Queensland floods has paid off.

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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Restructuring & Insolvency 2021-08-17 12:15 pm By Christine Caulfield

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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Ben Roberts-Smith says ex-wife lied to court about accessing his personal emails
Trials 2021-08-13 8:46 pm By Cindy Cameronne

A lawyer for accused war criminal Ben Roberts-Smith has told a judge his ex-wife did not honestly disclose whether she had given her close friend access to her former husband’s email account, and had misused his confidential and privileged information.

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IOOF may face new misconduct allegations in shareholder class action
Class Actions 2021-08-09 10:20 pm By Bianca Hrovat

The applicant in a shareholder class action against IOOF wants to add ten new misconduct allegations, including that a relative of a former executive made $69,000 by offloading shares.

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