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Firm’s contingency fee re-do wins over judge in class actions against banks
Class Actions 2023-03-03 5:50 pm By Cindy Cameronne

A law firm has won its second bid for a group costs order in three class actions against banks over flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.

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‘It should not happen’: AAT panned for verbatim copying of winning side’s arguments
Appeals 2023-03-02 11:36 pm By Christine Caulfield

A decision by the Administrative Appeals Tribunal that reproduced almost entirely verbatim and without attribution the submissions of the prevailing party as its own reasons damages the public’s trust in the AAT and must be overturned, a court has ruled.

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Advanta beats back appeal in contaminated seeds class action
Appeals 2023-02-28 9:55 pm By Sam Matthews

Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producer’s duty of care was negated by clear disclaimers.

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New allegations OK’d on eve of trial in Bayer Essure class action
Product Liability 2023-02-27 9:26 pm By Sam Matthews

A class action against Bayer over its Essure device has won court approval to add new allegations, including that the contraceptive caused sexual dysfunction, with a judge finding the new claims could not have taken the German drug maker by surprise.

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Nine defeats strike-out bid in defamation suit over ‘internet trolls’ broadcast
Defamation 2023-02-27 10:39 pm By Cindy Cameronne

Nine has defeated a bid to strike out its truth defences in a defamation case by a Melbourne hairdresser alleging a segment on ‘A Current Affair’ about ‘internet trolls’ and subsequent comments on the program’s Facebook page defamed her.

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Chinese crypto miner wins return of equipment in five-way stoush
Cryptocurrency 2023-02-24 10:26 pm By Sam Matthews

A Chinese crypto miner has won its equipment back, for now, after a Melbourne business it charged with looking after the machines allegedly allowed four other businesses to access them, culminating in a five-way stoush involving an ambulance and police.

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$192.5M oil spill class action settlement gets nod, but firm’s cut to be decided
Class Actions 2023-02-23 2:10 pm By Sam Matthews

A judge has approved a $192.5 million settlement in an oil spill class action on behalf of Indonesian seaweed farmers, but the slice for the law firm running the action and its litigation funder remains to be determined amid allegations of negligence by the former lead applicant in the case.

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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2023-02-23 1:23 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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ClearLoans hit with $6M penalty in ASIC’s first COVID-19 case
COVID-19 2023-02-23 4:05 pm By Cat Fredenburgh

Personal lender ClearLoans and its parent company have been hit with $6 million in penalties for violating consumer credit protections laws, including by failing to respond to financial hardship notices from debtors during the height of the COVID-19 pandemic.

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Sparke Helmore wins reversal of $285,000 negligence judgment
Appeals 2023-02-22 4:30 pm By Sam Matthews

An appeals court has thrown out a $285,000 negligence judgment against Sparke Helmore over two sales contracts worth $1.5 million and rejected a NSW developer’s attempts to squeeze the law firm for a heftier damages bill.

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