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‘I don’t think it’s right’: Federal Court judge not a fan of landmark class closure ruling
Class Actions 2021-06-04 4:00 pm By Cindy Cameronne

A Federal Court judge has made his feelings known about a ruling by the NSW Supreme Court last year that found judges have no power to shut unregistered group members out of a class action, but said he was “just a single judge” and was bound by the decision.

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Government ordered to do ‘root and branch review’ of PFAS class action defence
Class Actions 2021-05-28 11:38 pm By Cat Fredenburgh

A judge has ordered the federal government to file an amended defence in one of two class actions over its use of allegedly toxic firefighting foam on military bases, after being accused of lodging a deficient pleading.

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Lawyerly announces Litigation Rising Stars of 2021
Litigation Rising Stars 2021-05-28 9:33 pm By Cat Fredenburgh

Lawyerly is pleased to announce the winners of its inaugural Litigation Rising Stars competition, which honours 30 lawyers under the age of 40 for their work in high-stakes litigation.

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Grant Thornton can bring cross-claim against Forge Group
Professional Negligence 2021-05-21 9:35 pm By Cat Fredenburgh

Grant Thornton has won approval to a bring a cross-claim against Forge Group, just three months ahead of trial in the collapsed engineering company’s case against the accounting firm and ten former directors for their alleged negligence in relation to its “uneconomic” purchase of CTEC in 2012.

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Crown wants novel oppressive conduct claims struck from shareholder class action
Class Actions 2021-05-19 10:32 pm By Christine Caulfield

Crown Resorts will fight to strike out allegations in a class action that the casino operator was liable for “oppressive conduct” under the Corporations Act, saying there was no legal basis for making the claims and no articulation by the class as to how the company engaged in the conduct.

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Westpac class action funder forgoes commission after running out of money
Class Actions 2021-05-18 8:28 pm By Christine Caulfield

The cash-strapped litigation funder that initially agreed to bankroll a class action against Westpac over life insurance premiums will not earn a cent in commission under a proposed $30 million settlement.

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Quintis class action settlement to drag on with insurers’ appeal
Appeals 2021-05-10 5:03 pm By Cat Fredenburgh

Two insurers have appealed a ruling that could provide a further $11.25 million to group members in a class action against sandalwood producer Quintis, further delaying finalisation of a settlement reached in the group proceeding over a year ago.

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Judge signs off on $38.4M settlement in Estia Health class action
Class Actions 2021-05-07 12:16 pm By Christine Caulfield

A $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been given the greenlight by a Federal Court judge, who also approved the funders’ recovery of after-the-event insurance, a decision that puts him at odds with some of his colleagues on the bench.

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Judge mulling $38.4M Estia settlement hears class closure rulings ‘plainly wrong’
Class Actions 2021-05-04 2:49 pm By Miklos Bolza

A judge weighing a $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been told that two NSW Court of Appeal judgments barring class closure were “plainly wrong”, but in deciding whether to lock group members out of the settlement the judge says he won’t need to grapple with the landmark rulings.

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WA denies breach of duty in stolen wages class action
Class Actions 2021-05-03 6:05 pm By Miklos Bolza

The Western Australian state government has hit back at a class action brought by Indigenous workers seeking to recover unpaid wages, saying there was no breach of duty because the law at the time allowed the workers to be employed without pay.

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