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Declassing orders must be ‘all or nothing’, court told in breast implants class action
Class Actions 2023-06-08 11:25 pm By Cindy Cameronne

A declassing bid by nine doctors in a class action on behalf of women allegedly injured by a one-size-fits-all approach to breast implant surgeries must apply to the entire proceeding, not just the claims against them, a court has heard.

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Destination High Court as law firm lodges fourth Downer EDI class action
Class Actions 2023-06-07 11:23 pm By Sam Matthews

Multiple class actions against Downer EDI over accounting irregularities might be bound for the High Court as complex legal questions swirl, a judge said on Wednesday.

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Hyundai, Kia can’t inspect vehicles at centre of class actions
Class Actions 2023-06-07 11:11 pm By Sam Matthews

A judge overseeing class actions against car makers Hyundai and Kia over alleged engine defects has dismissed the carmakers’ bid to inspect the lead applicants’ vehicles before defences are filed in the proceedings.

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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
Financial Services 2023-06-06 3:53 pm By Sam Matthews

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASIC  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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Law firm served with class action over employee’s fraud
Class Actions 2023-06-06 11:08 pm By Sam Matthews

A law firm in regional New South Wales has been hit with a class action seeking to hold it liable for the alleged fraud of a former employee who was sentenced to a term of imprisonment for fraud offences in 2021.

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Insurers on hook for combustible cladding claims against builder LU Simon
Insurance 2023-06-06 3:14 pm By Cindy Cameronne

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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Dell admits duping customers about price of add-on monitors, says sorry
Competition & Consumer Protection 2023-06-06 3:14 pm By Gareth Baker

Dell Australia has apologised to consumers and admitted misleading those who purchased add-on computer monitors by inflating the pre-discount price, sometimes to more than the product’s normal retail value.

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Coles, Woolworths ‘can’t hide behind’ poor records, court told as underpayments trial kicks off
Trials 2023-06-05 5:56 pm By Cindy Cameronne

On the first day of trial in parallel class actions and regulatory proceedings, the Fair Work Ombudsman panned the payment systems adopted by Woolworths and Coles for salaried managers, saying they were “entirely foreign” to the industrial award and that the supermarket giants had “no meaningful proper records” for overtime. 

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Insignia broke promise to hire PwC to review model portfolio: trial
Trials 2023-06-05 11:31 pm By Sam Matthews

Despite assurances, wealth manager Insignia Financial did not engage PricewaterhouseCoopers to review the performance of its ‘Buy Model” investment portfolio after an equities analyst complained it had been overstated, a court overseeing a shareholder class action trial has been told.

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Ben Roberts-Smith not ‘honest and reliable’, had motives to lie, judge says
Defamation 2023-06-05 5:07 pm By Cat Fredenburgh

A judge has published his reasons for tossing Ben Roberts-Smith’s defamation lawsuits over publications accusing him of war crimes, saying the former SAS corporal was not “honest and reliable”.

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