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Law firm dropped from light rail class action can’t keep $1.25M security
Class Actions 2023-10-26 8:09 pm By Cindy Cameronne

A law firm that was replaced after feuding with its funder in a successful class action over Sydney’s light rail construction has lost a bid to keep $1.25 million in security for costs, after claiming it has a right to the money due to unpaid fees.

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Climate change appeal attacks ‘drug dealers defence’ to coal mine extensions
Climate change 2023-10-26 10:52 pm By Cat Fredenburgh

An advocacy group has appealed a judgment that found it was “legally open” to federal environment minister Tanya Plibersek to approve the extension of two mega coal mines in New South Wales.

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Carnival found negligent in class action over Ruby Princess COVID-19 outbreak
Class Actions 2023-10-25 10:37 am By Cindy Cameronne

A judge has found Carnival PLC liable for failing to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship that left 28 people dead, but only awarded the lead applicant $4,000 for out-of-pocket expenses rather than the $360,000 in damages she sought. 

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ASIC can’t seek penalties against M101 founder James Mawhinney
Financial Services 2023-10-25 9:10 pm By Sam Matthews

A judge has blocked ASIC from running a new case seeking penalties against investment group M101 Nominees and founder James Mawhinney on remittal from the Full Court, after the regulator admitted it made errors at its initial trial.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews

A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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ASIC loses case against super trustee Diversa over banned advisor
Financial Services 2023-10-24 10:27 am By Sam Matthews

A judge has dismissed court proceedings brought by the corporate regulator against superannuation trustee Diversa over its alleged failure to oversee a now-banned financial adviser, ruling that the knowledge of downstream entities could not be attributed to Diversa.

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Monsanto loses bid to throw out ‘cut and paste’ expert evidence in Roundup class action
Class Actions 2023-10-24 11:18 pm By Cat Fredenburgh

Monsanto can’t throw out the evidence of an expert for the plaintiff in a class action over its Roundup product who has testified that the company engaged in criminal conduct in trying to bury scientific reports on the popular weed killer’s alleged cancer-causing properties.

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Judge to take on Heston Russell costs assessment after reports of $2M in fees
Defamation 2023-10-24 11:46 pm By Cindy Cameronne

The judge overseeing ex-commando Heston Russell’s defamation case against the ABC over reporting of alleged war crimes will be involved in assessing his costs after media reports put his lawyers’ fees at $2 million.  

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Victorian healthcare providers stung with junior doctors class action
Employment 2023-10-23 10:44 pm By Cat Fredenburgh

Two more Victorian healthcare providers have been hit with a class action on behalf of junior doctors alleging they were not paid for unrostered work.

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High Court asked to weigh in on advocate’s immunity shield for solicitor
Appeals 2023-10-23 4:18 pm By Sam Matthews

The High Court has been asked to weigh in on the extent of advocate’s immunity in a dispute between a Sydney solicitor and his former clients, after an appeals court found he couldn’t be sued for negligence for failure to include a breach of contract claim in a building dispute.

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