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Settlement reached in bond holders class action over climate disclosures
Class Actions 2023-08-07 1:12 pm By Sam Matthews

A class action brought on behalf of sovereign bond investors over the disclosure of climate change risks has settled with the government on terms that donā€™t preclude further proceedings, a court has heard.

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Roberts-Smith wants judge to recuse himself from deciding if OSI can see evidence
Defamation 2023-08-07 1:03 pm By Cindy Cameronne

Ben Roberts-Smith has argued a judge should recuse himself from deciding if the Office of the Special Investigator can access his defamation court file, arguing the public might think he was biased and wanted to ā€œfurtherā€ his findings that the former SAS corporal committed war crimes.Ā  In a case management hearing on Monday, Arthur Moses…

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Deloitte’s $2.5M bill in CBA class action holds up settlement approval
Financial Services 2023-08-04 2:08 pm By Sam Matthews

A judge asked to approve a $50 million settlement in a consumer credit insurance class action against the Commonwealth Bank has questioned a $2.5 million deduction for professional services firm Deloitte.

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Judge asks if class action firm’s uncertain GCO back-up plan ‘artificial’
Class Actions 2023-08-04 3:40 pm By Cindy Cameronne

A judge overseeing a class action against Suncorp subsidiary AAI has questioned whether the “uncertain” plan B of a law firm seeking a 25 per cent group costs order was artificially uncertain to increase the relative appeal of its contingency fee bid.

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Funder wins indemnity costs despite ā€˜tacticalā€™ $2M settlement offer
Business of Law 2023-08-04 11:01 pm By Cat Fredenburgh

A funder has won its bid for indemnity costs following a $2 million settlement offer, despite the offer being a ā€˜tacticalā€™ move for costs protection in its successful $14.8 million claim against a Sydney property developer.Ā 

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Class Actions 2023-08-03 11:22 am By Cindy Cameronne

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a ā€œmarginal settlement less than reasonableā€.

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UbiPark wins claim of unjustified litigation threats by patent owner
Intellectual Property 2023-08-03 3:11 pm By Christine Caulfield

After winning a rare injunction restraining the owners of a patent from threatening litigation, carparking technology company UbiPark has prevailed in its claim the threats — aimed at itself and its customers — were unjustified.

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Lawyer’s notes of meeting with expert ordinarily privileged, appeals court finds
Appeals 2023-08-03 10:49 pm By Sam Matthews

A solicitorā€™s notes of a meeting with an expert do not fall under an exception to legal professional privilege, an appeals court has found.

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Resort not vicariously liable for actions of urinating employee, High Court says
High Court 2023-08-02 10:14 pm By Cat Fredenburgh

The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.

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Judge approves ANZ class action settlement, signs off on ATE insurance cost
Financial Services 2023-08-02 11:16 pm By Christine Caulfield

ANZ’s $47 million settlement of a class action over its consumer credit insurance has been given the nod by a judge, who has also approved recovery of the cost of after-the-event insurance held by the law firm running the case.

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