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$192.5M oil spill class action settlement gets nod, but firm’s cut to be decided
Class Actions 2023-02-23 2:10 pm By Sam Matthews

A judge has approved a $192.5 million settlement in an oil spill class action on behalf of Indonesian seaweed farmers, but the slice for the law firm running the action and its litigation funder remains to be determined amid allegations of negligence by the former lead applicant in the case.

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Law firm shaves 0.5% off payout in second go at class action contingency fee
Class Actions 2023-02-23 5:11 pm By Cindy Cameronne

Maurice Blackburn has had a second crack at a group costs order in three class actions against banks over alleged flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.

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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2023-02-23 1:23 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports.Ā 

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Melbourne doctor whose WFH request was denied loses discrimination suit
Employment 2023-02-23 5:58 pm By Sam Matthews

A Melbourne doctor who was not allowed to work from home following an injury has lost his disability discrimination suit against his former employer, and was ordered to pay over $570,000 to the practice for his absences.

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Sparke Helmore wins reversal of $285,000 negligence judgment
Appeals 2023-02-22 4:30 pm By Sam Matthews

An appeals court has thrown out a $285,000 negligence judgment against Sparke Helmore over two sales contracts worth $1.5 million and rejected a NSW developerā€™s attempts to squeeze the law firm for a heftier damages bill.

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Appeals court asked to decide if GCO can ā€˜travelā€™ in Arrium class action
Class Actions 2023-02-22 2:10 pm By Cindy Cameronne

A judge has referred to an appeals court the question of whether a group costs order can “travel”, as KPMG continues to push to transfer a shareholder class action over the collapse of mining company Arrium to New South Wales.

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Barrister dodges conviction for skipping legal watchdog’s examination
Business of Law 2023-02-22 11:08 pm By Sam Matthews

A Melbourne lawyer has avoided a conviction for his contempt of court after skipping a compulsory examination in the course of an investigation over concerns about the running of his legal practice.

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Full Court urged to toss ASICā€™s ā€˜fatalā€™ appeal in CBA conflicted remuneration case
Financial Services 2023-02-22 5:46 pm By Cindy Cameronne

The Commonwealth Bank of Australia has urged the Full Court to toss ASIC’s challenge to a decision dismissing its conflicted remuneration case over the bankā€™s sale of its Essential Super product, saying the appeal suffered from ā€œfatalā€ flaws.

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Sunwater asks High Court to hear floods class action coverage spat
Class Actions 2023-02-21 11:20 pm By Christine Caulfield

Dam services provider Sunwater has asked the High Court to take its side in a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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BCC loses appeal over $8M trade credit policy to Phoenix financier
Appeals 2023-02-21 1:00 pm By Cindy Cameronne

Insurer Bond & Credit Company has lost its appeal of a decision ordering it to indemnify an Australian non-bank lender that provided $8 million in trade finance to companies in Phoenix Group shortly before its collapse.

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