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Westpac class action settlement gets OK, but funder won’t recoup all ATE insurance
Financial Services 2023-11-13 11:33 pm By Christine Caulfield

A $29.95 million settlement resolving a superannuation class action against two Westpac units has won court approval. The judge overseeing the case has also indicated he will OK the litigation funder’s commission but only some of its after-the-event insurance premium.

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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Combustible cladding class action wins ‘fresh start’ with new mediator
Class Actions 2023-11-13 1:43 pm By Cat Fredenburgh

A judge has granted a bid for a new mediator in a class action over allegedly combustible cladding, agreeing with the applicant that a “fresh start” may be beneficial.

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AMP accused of unconscionable conduct by financial advisor
Financial Services 2023-11-13 11:55 pm By Cat Fredenburgh

AMP has been taken to court by a former licenced financial advisor who alleges he was terminated without proper and sufficient cause and forced to sell his business for $6.1 million under the wealth manager’s buyer of last resort program.

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Grocon’s system for identifying privileged docs ‘far from reliable’: judge
Construction 2023-11-13 8:03 am By Sam Matthews

Grocon has taken another hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its claim of privilege over more than 15,000 documents.

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Melissa Caddick’s son to keep half of sneaker collection in deal with receivers
Restructuring & Insolvency 2023-11-13 3:10 pm By Cat Fredenburgh

The receivers of Sydney fraudster Melissa Caddick’s estate have reached an agreement with her husband on a small pool of remaining assets in dispute that will see half of her teenaged son’s sneaker collection sold to repay defrauded investors.

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Optus’ claim of privilege over Deloitte report ‘not sustainable’, judge says
Privacy & Cybersecurity 2023-11-10 3:44 pm By Christine Caulfield

Optus has lost its fight to keep a class action from accessing an independent report by consulting giant Deloitte into last year’s major data breach.

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Judge wrings hands over ‘informal and presumptuous’ email to chambers
Courts 2023-11-10 11:34 pm By Christine Caulfield

Though the origins of this growing breeziness with the court are unknown, the increasing informality of correspondence with her chambers has so irked a judge she has taken to task the lawyers responsible for one galling example.

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‘Judge’s judge’ sworn in to lead High Court
High Court 2023-11-09 10:39 pm By Sam Matthews

New High Court Chief Justice Stephen Gageler was lauded by a group of legal luminaries at a swearing in ceremony, where he was described as the “unbackable favourite” for the country’s highest legal post and “the judge’s judge”.

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Samsung Bioepis takes aim at patents for eye disease biosimilar
Intellectual Property 2023-11-09 11:23 pm By Cat Fredenburgh

South Korean biosimilars company Samsung Bioepis has sued to invalidate two patents held by a German competitor for a pre-filled syringe to treat age-related eye diseases, as generic drug makers race for a piece of the lucrative eye drug market.

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