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Class actions can’t pursue insurance brokers to boost Quintis settlement, court hears
Class Actions 2021-02-18 1:45 pm By Miklos Bolza

Two insurance brokers have dodged being dragged into class action proceedings against sandalwood producer Quintis to boost a settlement reached last year, as a fight over insurance owed to the company to cover the settlement continues.

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Settlement attempts in GetSwift class action like flogging a dead horse, court hears
Class Actions 2021-02-17 3:17 pm By Miklos Bolza

Further attempts to settle a securities class action against last mile logistics software firm GetSwift would be like flogging a dead horse, a judge has heard as the matter works its way towards a final hearing.

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CBA cops to misleading customers on more than 12,000 occasions
Financial Services 2021-02-16 6:05 pm By Spencer Fowler Steen

Commonwealth Bank of Australia could be on the hook for a large penalty after the court found the bank engaged in misleading and deceptive conduct and violated its financial services obligations on more than 12,000 occasions by overcharging customers more than $2.2 million in interest.

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GetSwift slammed for ‘unfair attack’ on judge hearing class action, ASIC case
Class Actions 2021-02-15 7:18 pm By Miklos Bolza

GetSwift has been criticised for its “quite unfair attack” on a Federal Court judge who refused to disqualify himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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Commonwealth Bank won’t defend ASIC case over $2.9M in overcharged interest
Financial Services 2021-02-12 12:14 pm By Spencer Fowler Steen

Proceedings launched by ASIC in December accusing the Commonwealth Bank of Australia of saddling consumers with $2.9 million in inflated interest rates on their business overdraft accounts on more than 12,000 occasions will move swiftly to a penalties hearing.

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Barrister turns tables on vision-impaired Daily Telegraph legal team in case over deaf lawyer
Defamation 2021-02-11 1:31 pm By Christine Caulfield

A barrister for a Sydney criminal lawyer who wears hearing aids and is suing News Corp’s Nationwide News over allegedly defamatory Daily Telegraph articles referring to his profound deafness has likened the stories to accusing bespectacled lawyers of being blind.

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Fairfax out of pocket $2.4M after being hit with indemnity costs in Elaine Stead defamation case
Defamation 2021-02-08 2:42 pm By Miklos Bolza

Nine-owned Fairfax will have to pay out over $2 million in legal fees after being hit with indemnity costs on top of a $280,000 judgment in its defamation spat with venture capitalist Dr Elaine Stead for its “Micawber-like” approach to the case.

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Fairfax rejected settlement offers with ‘bugger off letters’, Elaine Stead tells court
Defamation 2021-02-04 3:23 pm By Miklos Bolza

Venture capitalist Dr Elaine Stead is seeking indemnity costs after being awarded $280,000 in her defamation case against Nine-owned Fairfax, which she accuses of rejecting several settlement offers with “bugger off letters” and engaging in a “petulant campaign” of media coverage post-judgment.

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J&J slammed for ‘wreckage’ of a case in pelvic mesh class action appeal
Class Actions 2021-02-03 3:39 pm By Miklos Bolza

A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a “wreckage” of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.

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