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High Court asked to revive pooling orders for businesses with common right to sue
Restructuring & Insolvency 2023-03-20 4:58 pm By Cindy Cameronne

A liquidator for two related NSW printing companies has launched a High Court challenge to overturn a judgment finding a joint right to sue another business for $330,000 could not be combined in a pooling order.Ā 

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High Court to hear class action waiver challenge in Ruby Princess case
Class Actions 2023-03-17 4:31 pm By Christine Caulfield

The High Court has granted leave to the applicant in a class action against Carnival PLC to appeal a ruling that upheld a class action waiver in tickets bought by foreign passengers on the ill-fated Ruby Princess in 2020.

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High Court to hear Qld council’s appeal in class action by waterfront property owners
High Court 2023-03-17 11:31 pm By Cat Fredenburgh

The High Court has granted special leave to a Queensland council to challenge a ruling ordering it to repay owners of waterfront properties tens of thousands of dollars spent on an invalid canal maintenance levy.

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With ‘hesitation’, judge OKs $300M settlement in J&J class actions
Personal injury 2023-03-16 9:54 am By Cindy Cameronne

A judge has approved a $300 million settlement in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon — the largest settlement in the history of Australian product liability group proceedings — but a $100 million deduction for legal costs has yet to get the greenlight.Ā 

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Boston Scientific’s $105M settlement approved in pelvic mesh class action
Class Actions 2023-03-16 10:11 am By Cindy Cameronne

Boston Scientific’s $105 million settlement of a class action over its pelvic mesh devices has secured court approval, but the costs billed by the law firm running the case will face further scrutiny.

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Cushman & Wakefield director can’t shake injunction blocking jump to rival
Employment 2023-03-16 3:10 pm By Sam Matthews

A director at office leasing company Cushman & Wakefield who accepted a job with a competitor has lost a bid to lift an injunction keeping her on garden leave for three months, with a judge finding she was the ā€œauthor of her own misfortuneā€ for failing to read her employment contract.

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High Court won’t weigh in on Clive Palmer’s royalties spat with Adani
Appeals 2023-03-16 10:34 pm By Sam Matthews

The High Court has denied Clive Palmer leave to appeal successive court decisions which found his company Mineralogy’s royalties dispute with mining company Adani should be determined through a dispute resolution process rather than in court.

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Tabcorp can access Entainā€™s legal advice for possible case over NSW pub deal
Gaming 2023-03-15 4:59 pm By Cindy Cameronne

A judge has ordered online bookmaker Entain and the Australian Hotels Association to hand over legal advice concerning their agreement to advertise digital wagering products in NSW pubs so that Tabcorp can decide whether to bring a case.Ā 

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Opal Tower class members could do ‘simple arithmetic’, funder says in appeal of cuts to commission
Appeals 2023-03-14 10:25 pm By Sam Matthews

The funder in the Opal Tower class action has appealed a judge’s decision to slash its commission for not disclosing proposed deductions from the settlement sum as percentages, telling the Full Court that group members could do “simple arithmetic”.

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Ken Talbot’s widow wanted to ‘destroy’ law firm, court says
Professional Negligence 2023-03-14 1:20 pm By Cindy Cameronne

The wife of the late mining executive Ken Talbot wanted to “destroy” the law firm that advised her husband about his will, a court has found in awarding costs against the widow.

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