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Optus denies ‘cloaking’ Deloitte report in privilege in data breach class action
Appeals 2024-05-14 10:38 pm By Cindy Cameronne

Optus has denied that it ‘cloaked’ the true dominant purpose of a Deloitte report into a major data breach in 2022, arguing on appeal that the report was privileged and that a class action should not have access to it. 

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In discontinuing COVID-19 class action, judge weighs in on when a case is over
Class Actions 2024-04-29 2:24 pm By Sam Matthews

Proceedings are capable of being determined by the act of filing a discontinuance, a judge has said in approving an application for the discontinuance of a class action over Fire Rescue Victoria’s COVID-19 risk management practices. 

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Refugee’s appeal fails over hotel detention found by court to ‘lack humanity’
Human Rights 2024-04-26 2:28 pm By Cindy Cameronne

A Kurdish refugee has lost his appeal seeking compensation for being kept in makeshift hotel detention centres for 14 months after a judge found the detention lacked “human decency” but was not unlawful.

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Sydney lawyer’s defamation claims don’t pass serious harm test, appeals court finds
Defamation 2024-04-17 4:27 pm By Andy Sidler

The Full Court has clarified that a prior bad reputation is relevant to determining whether a defamation plaintiff has suffered serious harm, tossing an appeal by a Sydney lawyer who lost her case over an article related to her conviction for an alleged $16,000 scam at David Jones, which was later overturned.

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IOOF offered $6M to settle class action that ultimately flopped 
Class Actions 2024-04-15 11:02 pm By Andy Sidler

Investment manager IOOF has failed to persuade a judge that the applicant in a failed shareholder class action should face indemnity costs for rejecting a $6 million offer to settle the case.

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Invisalign wins appeal against penniless SmileDirectClub over teeth straightener claims
Appeals 2024-04-11 9:07 pm By Sam Matthews

Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.

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AMP class action members deserve to know why discontinued claims fell short, judge says 
Class Actions 2024-04-09 11:29 pm By Sam Matthews

A judge has refused to redact a judgment signing off on the discontinuance of several product claims in a class action against three AMP subsidiaries after the applicant failed to gather the required evidence, saying it was not enough that the reasons “may be an embarrassment to people who commenced the proceeding”. 

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Aristocrat says virtual currency a roadblock for gaming app class action
Gaming 2024-04-04 1:03 pm By Sam Matthews

Aristocrat Leisure has hit back at a consumer class action filed over allegedly illegal ‘social casino’ apps, saying the class action will have to grapple with the fact that the games are played with ‘virtual currency’ that can’t be cashed in. 

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Former EY partner tries again to keep identity under lid in tax case
Tax 2024-03-25 11:04 pm By Cat Fredenburgh

A former EY partner is trying again to keep their identity secret in proceedings brought by the Tax Office alleging they promoted tax exploitation schemes.

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ASIC wins travel ban against Dubber CEO, solicitor
Technology 2024-03-22 12:44 pm By Cindy Cameronne

The Australian Securities and Investments Commission has won an interim travel ban against the CEO of software company Dubber Corporation and its external solicitor in Melbourne, with the regulator saying it suspects misuse of term deposit funds. 

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