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The class action settlements that came under fire in 2021
Class Actions 2022-01-12 6:04 pm By Christine Caulfield

If evidence were needed that courts are not rubber stamping class action settlements, the scrutiny of multi-million dollar agreements in 2021 is proof positive that judicial oversight of representative proceedings is robust.

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Sunwater loses dispute with Liberty over coverage for Queensland floods class action
Insurance 2021-12-08 3:32 pm By Miklos Bolza

Liberty Mutual Insurance does not have to indemnify dam operator Sunwater for its share of a $440 million settlement of the Queensland floods class action, the NSW Supreme Court has found.

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Lendlease loses bid for separate hearing in Acciona dispute over $160M deal
Competition & Consumer Protection 2021-12-06 3:51 pm By Miklos Bolza

A judge has ruled he will not consider a separate question on whether Acciona is barred from setting off any damages payable to Lendlease in a lawsuit over the $160 million sale of its engineering business.

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Acciona may have ‘difficulty’ persuading court in spat over $696M Kwinana project
Energy & Natural Resources 2021-11-30 2:19 pm By Bianca Hrovat

A judge has granted a 21-day stay of a lawsuit brought by Acciona, a Spanish infrastructure company seeking to use COVID-19 as a reason to back out of its construction contract for the $696 million Kwinana waste-to-energy plant, and has warned the company it faces a difficult task to persuade the court of its case.

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Acciona sues to cancel Kwinana renewable energy plant contract due to COVID-19
Energy & Natural Resources 2021-11-25 2:20 pm By Miklos Bolza

Spanish infrastructure company Acciona has filed a lawsuit to get out of an engineering and construction contract for the $696 million Kwinana waste-to-energy plant in Western Australia, citing disruptions from the COVID-19 pandemic.

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Funder’s critical intervention in liquidator’s case leaves it on hook for costs
Restructuring & Insolvency 2021-09-24 2:50 pm By Bianca Hrovat

A judge has issued a stern warning to litigation funders seeking to take a ā€œgambleā€ on pending court proceedings, ruling they could be held liable for costs if their intervention proves critical to the advancement of the case.

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Car makers to pay $52M to settle Takata airbags class actions
Class Actions 2021-09-15 3:36 pm By Cat Fredenburgh

Six of the world’s largest car makers have agreed to pay $52 million to settle class actions accusing them of selling cars with deadly Takata airbags.

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VW class action applicant slugged with indemnity costs
Class Actions 2021-09-08 2:14 pm By Miklos Bolza

The lead applicant in a class action against Volkswagen over defective Takata airbags has been hit with indemnity costs for his failed case after a NSW Supreme Court judge found that deficiencies in aspects of the case were “manifestly clear”.

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Takata airbags class action appeals court loss to Volkswagen
Class Actions 2021-08-31 3:50 pm By Miklos Bolza

The applicant in a class action against Volkswagen over defective Takata airbags has appealed a ruling dismissing the case for failing to establish any loss or damage.

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Judge won’t allow Ampol on site to rebrand Caltex stores
Intellectual Property 2021-08-10 6:46 pm By Cindy Cameronne

Service station giant Ampol has lost its bid to force petrol station chain EG Fuel Co to allow it access to 87 Caltex sites so they can be rebranded to Ampol stations, with a judge finding it would cause EG ā€œobvious disruptionā€.

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