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$440M settlement reached in Queensland floods class action
Class Actions 2021-02-26 1:16 pm By Cat Fredenburgh

The State of Queensland and subcontractor Sunwater have agreed to pay $440 million to settle part of a class action over the 2011 floods in Queensland that destroyed 2,000  homes in the state.

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Disaster payments can’t limit damages in Queensland floods class action, judge says
Class Actions 2020-12-08 5:42 pm By Spencer Fowler Steen

A judge has ruled that disaster payments cannot be taken into consideration in assessing damages in a long-running class action over the 2011 Queensland floods that destroyed 2,000 homes and claimed 12 lives.

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Dam operators, Queensland face ‘very large’ costs in floods class action
Class Actions 2020-11-03 1:27 pm By Spencer Fowler Steen

Embattled dam operators Seqwater and Sunwater, along with the State of Queensland, have been hit with costs in a class action over the 2011 floods that destroyed 2,000 homes and claimed 12 lives.

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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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Qantas appeals court’s finding that it misapplied JobKeeper
Appeals 2020-10-15 11:27 am By Cat Fredenburgh

Qantas Airways will challenge a court’s finding that it incorrectly applied the JobKeeper scheme and underpaid its staff.

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Facebook tries again to dodge privacy lawsuit in Australia
Privacy & Cybersecurity 2020-09-29 1:04 pm By Cat Fredenburgh

Facebook will press on with its argument that it can’t be sued in Australia by the country’s privacy commissioner for alleged disclosure of users’ personal data, after a judge found there was enough evidence the social media giant conducted business in the country by installing and operating cookies on the devices of Australia users.

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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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Facebook can’t escape privacy action with jurisdiction argument
Privacy & Cybersecurity 2020-09-14 2:33 pm By Christine Caulfield

Facebook’s argument that it can’t be sued by the privacy commissioner in Australia has fallen flat, with a judge rejecting the social media giant’s application to dismiss enforcement action brought in March over the disclosure of users’ personal data.

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Seqwater appeals 50 percent damages ruling in Queensland floods class action
Appeals 2020-07-14 7:42 pm By Christine Caulfield

Dam operator Seqwater is challenging a decision that put it on the hook for 50 per cent of any damages payouts to thousands of members of a long-running class action over the 2011 floods that destroyed 2,000 Queensland homes.

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