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Judge slammed by Full Federal Court for ‘egregious departure’ from role
Appeals 2019-07-08 10:44 pm By Christine Caulfield

The Full Federal Court has ordered a retrial in a landmark Fair Work Ombudsman case that saw the owner of a Cairns tour company sentenced to 12 months’ jail, criticizing the sentencing judge for being “sarcastic, disparaging and dismissive” of the tour operator’s evidence.

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Combustible cladding defendants may drag engineers, certifiers into class action
Class Actions 2019-07-08 8:36 pm By Amelia Birnie

German-based cladding manufacturer 3A Composites has foreshadowed potential cross claims against third party engineers and certifiers in one of two class actions brought over allegedly dangerous combustible cladding used in countless buildings across Australia.

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Second combustible cladding class action targets panel supplier Fairview
Product Liability 2019-06-18 1:42 pm By Amelia Birnie

A second combustible cladding class action has been launched, this time against Fairview Architectural, the Australian manufacturer of Vitrabond polyethylene cladding, which it claims has been used at major Australian airports, entertainment facilities and government buildings.

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J&J hip implant class members to be paid in full from $250M settlement
Product Liability 2019-06-17 8:13 pm By Miklos Bolza

Group members in a class action against Johnson & Johnson unit DePuy International over allegedly defective hip implants are on track to receive 100 per cent of their claims as the $250 million settlement continues to be distributed, a court has heard.

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Court approves $14.6M settlement in Ashley Services class action
Class Actions 2019-06-13 1:50 pm By Miklos Bolza

The Federal Court has approved a $14.6 million class action settlement with private training company Ashley Services, auditors Deloitte and Grant Thornton, and Holmes Management Group, with IMF Bentham set to pocket around $4.8 million for funding the litigation.

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ASIC narrowly loses High Court appeal in outback book-up case
Appeals 2019-06-12 8:53 pm By Miklos Bolza

The Australian Securities and Investments Commission has narrowly lost its High Court appeal of a ruling that found the owner of a South Australian outback general store had not acted unconscionably by selling used cars through a “book-up” system.

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Combustible cladding class action has prima facie case against manufacturer, judge says
Product Liability 2019-06-03 1:17 pm By Miklos Bolza

A judge has allowed the applicant in a class action over allegedly dangerous combustible cladding to sue a German-based cladding manufacturer, saying there was a prima facie case the company violated the Australian Consumer Law.

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Judge hits funder-backed Appco class action with costs despite ‘no costs’ rule
Class Actions 2019-05-31 5:07 pm By Amelia Birnie

A judge has hit the applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual “no costs” rule in Fair Work cases had less force in actions backed by third party litigation funders.

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Nationwide appeal of Geoffrey Rush defamation win will argue Rebel Wilson case was ‘plainly wrong’
Defamation 2019-05-27 5:08 pm By Amelia Birnie

Nationwide News’ appeal of actor Geoffrey Rush’s record $2.9 million defamation win will argue the aggravated damages finding in actress Rebel Wilson’s defamation case against Woman’s Day publisher Bauer Media was “plainly wrong”.

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Geoffrey Rush awarded $2.9 million in defamation case
Defamation 2019-05-23 9:38 pm By Amelia Birnie

Actor Geoffrey Rush has been awarded almost $2.9 million in damages following his successful defamation case against Daily Telegraph publisher Nationwide News, as the court hears the newspaper ignored an offer to settle for $50,000 and an apology.

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