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Insurers can’t get names of COVID-19 business interruption class action registrants
Insurance 2023-10-27 3:10 pm By Cindy Cameronne

A judge has refused a bid by four major insurers to obtain the names of small businesses that register to join COVID-19 business interruption class actions, saying he did not want the companies contacting group members. 

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NT government wins strike-out bid in racial discrimination class action
Class Actions 2023-10-27 10:34 pm By Cindy Cameronne

A class action against the Northern Territory government has been sent back to the drawing board, with a judge striking out allegations that its funding of Aboriginal interpreting services discriminated against people in a remote Indigenous community.

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GCOs can’t travel to NSW, appeals court says in Arrium class action
Class Actions 2023-10-26 12:41 pm By Cindy Cameronne

KPMG has lost the latest round in its fight to transfer a class action over the collapse of steel giant Arrium from Victoria to NSW, with an appeals court finding that a group costs order made in the case could not travel across the border.

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Surgeons lose appeal in breast implants class action
Appeals 2023-10-26 3:25 pm By Cindy Cameronne

A group of surgeons who worked for The Cosmetic Institute have lost a second bid to declass a representative proceeding on behalf of 13,500 patients who claim they were injured by botched breast augmentation surgery.

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Law firm dropped from light rail class action can’t keep $1.25M security
Class Actions 2023-10-26 8:09 pm By Cindy Cameronne

A law firm that was replaced after feuding with its funder in a successful class action over Sydney’s light rail construction has lost a bid to keep $1.25 million in security for costs, after claiming it has a right to the money due to unpaid fees.

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Judge pauses Virgin’s cross-claim in bondholders class action
Class Actions 2023-10-26 11:58 pm By Sam Matthews

The judge hearing a bondholders class action against Virgin Australia has deferred the resolution of the airline’s cross-claim seeking seeking periodic payments from the class action to cover its costs under a contentious indemnity clause.

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Climate change appeal attacks ‘drug dealers defence’ to coal mine extensions
Climate change 2023-10-26 10:52 pm By Cat Fredenburgh

An advocacy group has appealed a judgment that found it was “legally open” to federal environment minister Tanya Plibersek to approve the extension of two mega coal mines in New South Wales.

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Carnival found negligent in class action over Ruby Princess COVID-19 outbreak
Class Actions 2023-10-25 10:37 am By Cindy Cameronne

A judge has found Carnival PLC liable for failing to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship that left 28 people dead, but only awarded the lead applicant $4,000 for out-of-pocket expenses rather than the $360,000 in damages she sought. 

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ASIC can’t seek penalties against M101 founder James Mawhinney
Financial Services 2023-10-25 9:10 pm By Sam Matthews

A judge has blocked ASIC from running a new case seeking penalties against investment group M101 Nominees and founder James Mawhinney on remittal from the Full Court, after the regulator admitted it made errors at its initial trial.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews

A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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