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‘Capricious’ conduct by Morrison government dooms Beetaloo gas contract
Energy & Natural Resources 2021-12-23 5:42 pm By Miklos Bolza

A judge has voided contracts between the Morrison government and a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin after finding the decision to enter the agreement in the midst of litigation was “legally unreasonable or capricious”.

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Judge shoots down ‘audacious’ McMillan Shakespeare claim for surplus class action funds
Class Actions 2021-12-22 5:17 pm By Miklos Bolza

A judge has rejected an “audacious” attempt by McMillan Shakespeare to recoup a surplus of funds left over after a $9.5 million class action settlement was distributed to registered group members.

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Barrister who sexually harassed clerk has suffered enough, appeals court says
Business of Law 2021-12-22 2:39 pm By Bianca Hrovat

The New South Wales Bar Association has lost an appeal seeking a financial penalty and a professional reprimand against a Sydney barrister for his ā€œpoorly judged, vulgar and inappropriateā€ behaviour, with an appeals court finding damage to his reputation and a hike in his insurance premium dwarfed any punishment it could dole out.

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Mayfair slapped with $30M fine after judge finds ASIC penalty ‘insufficient’
Financial Services 2021-12-22 10:10 am By Miklos Bolza

Beleaguered investment group Mayfair 101 will have to pay a $30 million penalty after a judge found a $12 million penalty proposed by ASIC was “insufficient”.

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In class action appeal, Ford says it’s not on hook for damages for fixed cars
Appeals 2021-12-22 3:44 pm By Miklos Bolza

Ford has challenged its loss in a class action over its allegedly defective PowerShift transmissions, arguing group members who have had their cars repaired are not entitled to damages.

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Insurer Vero may be dragged into combustible cladding class action
Class Actions 2021-12-22 2:40 pm By Cat Fredenburgh

The applicant in a class action against Fairview Architectural over allegedly combustible cladding is add insurer Vero Insurance as a respondent, after revealing the cladding manufacturer may have $190 million in insurance to cover the class action’s claims.

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Biogen wins discovery for potential IP lawsuit against Sandoz
Intellectual Property 2021-12-22 8:47 pm By Bianca Hrovat

Swiss pharmaceutical company Biogen has won discovery of documents sent from Sandoz to the Therapeutic Goods Administration, as it weighs a third patent infringement lawsuit to protect its multiple sclerosis drug against generic reproductions.

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MySuper class action back on track with appeals court victory
Class Actions 2021-12-21 4:22 pm By Miklos Bolza

The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.

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No obligation to disclose climate change risks, gov’t says in sovereign bonds class action
Climate change 2021-12-21 4:17 pm By Miklos Bolza

The Morrison government has denied that it has any obligation to disclose climate change risks to investors of its sovereign bonds as it defends a world first class action alleging global warming is a material risk to the bond market.

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Nimble Money beats back shareholder bid to peek at books
Financial Services 2021-12-21 5:43 pm By Bianca Hrovat

Payday lender Nimble has succeeded in blocking its largest shareholder from accessing company documents relating to an impending debt refinance, with a judge finding the company’s financial woes were due to COVID-19 and not improper conduct by management.

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