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Judge puts class action lawyers on notice to reduce costs with junior barristers
Class Actions 2021-04-28 3:02 pm By Miklos Bolza

A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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CBA warns of ‘danger’ in using app to alert customers to $7M penalty
Financial Services 2021-04-28 2:31 pm By Miklos Bolza

The Commonwealth Bank of Australia is resisting a novel proposal by ASIC to use its CommBank app to notify 6.3 million customers of a $7 million fine against it for overcharging interest, saying the move would pose a “significant risk” to the public.

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Mediation success rates have ‘plummeted’ in COVID era, judge says
Financial Services 2021-04-28 2:14 pm By Miklos Bolza

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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Westpac to pay up to $30M to settle insurance class action
Class Actions 2021-04-28 10:19 am By Cat Fredenburgh

Westpac has agreed to pay up to $30 million to settle a long-running class action over allegedly excessive insurance premiums which included a trip to the High Court that resulted in common fund orders being struck down in the early stages of class actions.

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Court can order class action opt out notices for limited number of group members, judge says
Class Actions 2021-04-27 9:21 pm By Miklos Bolza

A judge has found he has power to order that opt out notices be sent to a limited number of Boral shareholders eligible to join two class actions that faced off last month in a class action beauty parade.

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Gadens guards advice docs over ‘malicious’ letter to building regulator
Legal Ethics 2021-04-27 7:04 pm By Cindy Cameronne

The director of building company Modscape is fighting to access Gadens’ advice concerning an allegedly false and malicious letter sent to the Victorian Building Authority which questioned  his financial probity.

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Otzuka, Bristol-Myers lose discovery bid in decade-old fight over Abilify
Intellectual Property 2021-04-27 4:46 pm By Christine Caulfield

The companies behind the top selling Abilify medication have lost their latest bid for documents from the Commonwealth in a multimillion dollar dispute over the delayed listing of generic versions of their drug, with a judge saying the material could be only “of the most marginal relevance”.

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Boral must pay $4.8M in cement supply stoush with Wagners
Construction 2021-04-27 2:21 pm By Christine Caulfield

Building products supplier Wagners has been awarded $4.8 million from Boral after Wagners successfully challenged a ruling in a high-stakes cement supply dispute with the construction material giant.

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Deloitte can’t shield retirement talk docs in $3.8M age discrimination suit
Employment 2021-04-27 1:12 pm By Cindy Cameronne

Deloitte has failed to set aside a request for documents recording talks with partners about retirement after they turned 62, in a closely watched age discrimination lawsuit challenging the accounting firm’s mandatory retirement policy.

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Appeals court upholds minimal salary increases for public sector workers due to COVID-19
Employment 2021-04-26 6:05 pm By Cindy Cameronne

NSW public sector employees have lost their bid for a 2.5 per cent salary increase, with an appeals court upholding a decision which found the economy would be better served by public spending on infrastructure investment than public service salaries.

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