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IOOF to face expanded misconduct allegations in shareholder class action
Class Actions 2021-11-19 3:35 pm By Miklos Bolza

A judge has given the green light to expanded misconduct allegations in a shareholder class action against IOOF, including claims of insider trading and front-running.

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Judge ‘gags’ at ACCC’s proposed $5M penalty in Google ads case against Employsure
Competition & Consumer Protection 2021-11-10 2:46 pm By Bianca Hrovat

A judge said he “gagged” at the Australian Competition and Consumer Commission’s proposed $5 million pecuniary penalty in its case against specialist workplace relations company Employsure over six misleading Google ads.

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Developer wins GST class action appeal despite misleading investors
Real Estate 2021-10-25 5:53 pm By Miklos Bolza

A Canberra property developer that misled investors about GST on its apartments does not have to pay compensation to the lead applicant in a class action against it, an appeal court has found.

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Trial in Ben Roberts-Smith’s defamation case delayed to 2022
Defamation 2021-10-15 9:28 pm By Cindy Cameronne

A judge has adjourned trial in the defamation case by accused war criminal Ben Roberts-Smith to early 2022, saying relocation was not practical after COVID-19 restrictions prevented Fairfax’s witnesses travelling to Sydney.

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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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