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Virgin class action wants DOCA indemnity clause amended to reflect ‘what creditors were told’
Restructuring & Insolvency 2023-05-31 4:39 pm By Sam Matthews

A class action of bond holders accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising wants a contentious indemnity clause in the airline’s DOCA narrowed, in proceedings a judge has said “increasingly resemble a farce”.

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Crown to pay $450M to settle AUSTRAC case
Gaming 2023-05-30 12:59 pm By Christine Caulfield

Crown Resorts has reached agreement with AUSTRAC to pay a $450 million penalty for the casino operator’s serious breaches of the anti-money laundering and counter-terrorism financing laws.

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Bruce Lehrmann drops defamation case against News Corp
Defamation 2023-05-30 3:26 pm By Christine Caulfield

Accused rapist Bruce Lehrmann has discontinued his case alleging News Corp and journalist Samantha Maiden defamed him with the publication of two articles on the alleged assault of Liberal staffer Brittany Higgins.

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Having their cake and ATEing it too? Class action funders face scrutiny for defraying risk
Analysis 2023-05-23 11:12 pm By Christine Caulfield

As the spotlight on class action costs grows, litigation funders can expect increased judicial scrutiny of their attempts to pass on the cost of after-the-event insurance premiums to class action members.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Product Liability 2023-05-19 3:08 pm By Sam Matthews

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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Ex-commando slams ABC’s ‘nonsensical’ argument against damages in defamation case
Defamation 2023-05-16 1:20 pm By Cindy Cameronne

Former Army major Heston Russell has panned the ABC’s argument that it is not liable to pay damages in his defamation case because he identified himself and was given an opportunity to respond to stories that suggested he was involved in murdering an Afghan prisoner.

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PFAS class action settles for $132.7M on eve of trial
Catherine Gleeson 2023-05-15 10:44 am By Cindy Cameronne

One of the two remaining class actions against the Department of Defence over the use of alleged toxic firefighting foam at military bases across the country has settled for $132.7 million on the eve of trial, with the final case going back to mediation.

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Judge asks if he must ‘second guess’ legal advice in Linchpin class action
Class Actions 2023-05-12 3:54 pm By Cindy Cameronne

A judge overseeing an investor class action over the collapse of advisory firm Linchpin Capital has questioned whether he has to “effectively second guess” a law firm’s advice given to group members about a partial settlement. 

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Crown, AUSTRAC reach deal on penalty but court wants guidance on ill-gotten profits
AUSTRAC 2023-05-12 3:25 pm By Sam Matthews

Crown Resorts has reached agreement on a proposed penalty in AUSTRAC’s case alleging “widespread and serious non-compliance” with anti-money laundering and counter terrorism financing laws, but the presiding judge says more information is needed for the court to fix a fine.

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PFAS class action trial set to begin before ‘frustrated’ judge
Trials 2023-04-28 11:02 pm By Christine Caulfield

Unless the parties can reach a last minute settlement over the weekend, trial in a class action against the Department of Defence over the use of alleged toxic firefighting foam at military bases across the country will begin Monday.

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