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Opal Tower engineer wins class action costs from Icon insurers
Class Actions 2023-10-02 1:46 pm By Sam Matthews

Opal Tower engineer WSP has succeeded in claiming the costs of a class action from insurers for builder Icon, with a judge finding engineers were not excluded from the policy’s coverage for subcontractors.

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Seven, Kerry Stokes’ privacy should be ‘respected’ in Ben Roberts-Smith case, says judge
Defamation 2023-09-28 3:04 pm By Cindy Cameronne

In allowing Seven and chairman Kerry Stokes to challenge a ruling granting Fairfax access to 8,600 emails with accused war criminal Ben Roberts-Smith’s legal team, a judge has said they will suffer prejudice if “personally embarrassing” communications are put into evidence. 

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Traditional custodian prevails in challenge to Woodside’s Scarborough gas project
Environment 2023-09-28 11:23 am By Sam Matthews

A traditional custodian has won her bid to halt seismic blasting for Woodside’s Scarborough gas project off the coast of Western Australia, in a legal challenge similar to one that put Santos’ $4.7 billion Barossa project on ice.

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A judge’s guide to winning the class action settlement administration gig
Class Actions 2023-09-26 11:30 pm By Cindy Cameronne

A former top judge appointed to decide the first-ever contest to administer a class action settlement has set out his criteria for making the choice, and has warned that giving the firm running a case a monopoly right to dole out the proceeds could lead to higher costs for group members and poorer settlement outcomes.

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ANZ cops $15M penalty in ASIC case over cash advance fees
Financial Services 2023-09-26 10:27 am By Cindy Cameronne

A judge has ordered ANZ to pay a $15 million agreed penalty in a case over more than $10 million in cash advance fees charged to the credit card accounts of hundreds of thousands of customers.

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Grocon can’t shield legal advice over Barangaroo sight lines
Construction 2023-09-25 2:21 pm By Sam Matthews

Grocon has taken a hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge finding the developer’s CEO waived privilege over legal advice it received on the sight line rights of Lendlease and Crown.

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ABC can’t duck entrepreneur’s defamation case
Defamation 2023-09-25 4:13 pm By Cindy Cameronne

A judge has expressed his preliminary view that cases brought in Queensland cannot be thrown out where the costs of the claims are disproportionate to their importance, allowing a defamation case by entrepreneur Robert McVicker against the ABC to proceed. 

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Findex wins appeal in ‘tortured’ dispute with financial advisor
Financial Services 2023-10-03 3:10 pm By Cindy Cameronne

Wealth management firm Findex can add new claims for damages in its long-running dispute with a former financial advisor who allegedly sent disparaging emails to clients and investors and brought his own claim in trespass after the company seized documents from his residence. 

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NAB ordered to pay ‘woefully insufficient’ penalty in ASIC fee case
Financial Services 2023-09-22 10:02 am By Cindy Cameronne

A judge has ordered National Australia Bank to pay just one-fifth the $10 million penalty proposed by ASIC for overcharging customer fees, taking aim at the regulator’s concise pleading and saying the maximum penalty he could order was “woefully inadequate”.

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Judge approves $6.88M CFO in $25M Fonterra class action settlement
Class Actions 2023-09-21 11:56 pm By Cat Fredenburgh

A judge has approved a common fund order awarding $6.88 million to the funder behind a class action against Fonterra that settled for $25 million, opting not to wait for a much-anticipated appeals court ruling on the power to make CFOs at settlement.

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