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Judge’s service with silk on chambers’ board gave rise to appearance of bias: court
Legal Ethics 2023-09-22 4:14 pm By Cindy Cameronne

An appeals court has set aside findings of professional misconduct against a Perth solicitor who allegedly failed to pay a silk $23,000 in fees after finding a tribunal member had served on a chambers’ board with the senior barrister for eight years. 

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NAB ordered to pay ‘woefully insufficient’ penalty in ASIC fee case
Financial Services 2023-09-22 10:02 am By Cindy Cameronne

A judge has ordered National Australia Bank to pay just one-fifth the $10 million penalty proposed by ASIC for overcharging customer fees, taking aim at the regulator’s concise pleading and saying the maximum penalty he could order was “woefully inadequate”.

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Theatre company drops bid for suppression to shield Craig McLachlan from ‘distress’
Human Rights 2023-09-22 12:25 pm By Sam Matthews

A theatre company accused of discriminating against actress Christie Whelan Browne and subjecting her to repeated sexual harassment has dropped a bid to suppress parts of her claim to protect actor Craig McLachlan from distress and embarrassment.

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Class action members reap rewards of competition, but at what cost?
Analysis 2023-09-21 11:55 pm By Sam Matthews

The judge who rewarded the law firm with the lowest ever GCO proposal with carriage of an $80 million class action this week noted the competitive forces that shaped a “very good deal for group members,” but competition has its downsides, experts say.

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Judge approves $6.88M CFO in $25M Fonterra class action settlement
Class Actions 2023-09-21 11:56 pm By Cat Fredenburgh

A judge has approved a common fund order awarding $6.88 million to the funder behind a class action against Fonterra that settled for $25 million, opting not to wait for a much-anticipated appeals court ruling on the power to make CFOs at settlement.

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Care A2 Plus launches cross-claim in $200M dispute with US distributor
Competition & Consumer Protection 2023-09-21 11:10 pm By Christine Caulfield

The rancour is rising between Care A2 Plus and its US business partner Gensco Pharma, with the infant formula company firing off a cross-claim in a lawsuit alleging it breached a lucrative distribution deal.

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Breast implant class action trial date set over ‘loud protest’
Personal injury 2023-09-21 12:10 pm By Sam Matthews

A class action against a group of surgeons who worked for The Cosmetic Institute over allegedly incompetent breast augmentation procedures has been set down for trial over the “loud protest” of the defendants, with a judge choosing to accommodate the plaintiff’s no win, no fee counsel team. 

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Record-low GCO rate in Star class action not loss-leading pricing, judge says
Class Actions 2023-09-20 11:33 pm By Christine Caulfield

The winning, 14 per cent contingency fee proposal by Slater & Gordon in a fight to run a class action against Star Entertainment was not driven by a desire to prevail in the contest and buy market share but was the product of a “reasoned decision” that took into account the law firm’s practice as a whole, a judge has found.

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Law firm accused of ‘gazumping’ in fight to run Hyundai, Kia class actions
Class Actions 2023-09-20 3:27 pm By Cindy Cameronne

Class action boutique Bannister Law must bring a formal application to partner with a US-based law firm in proceedings against Hyundai and Kia over allegedly faulty anti-lock braking systems ahead of a fight with Maurice Blackburn to run the cases.

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Judge in Qantas case questions why unions don’t file class actions
Employment 2023-09-20 1:31 pm By Cindy Cameronne

A judge has asked why the union representing Qantas workers did not bring a class action on behalf of 1,700 ground crew who were sacked during the COVID-19 pandemic, as he ordered the airline’s new CEO to attend settlement talks after losing its High Court appeal.

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