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With no encouragement from parties, 7-Eleven class action judge appoints contradictor
Class Actions 2021-09-20 3:46 pm By Christine Caulfield

Despite claims the $98 million settlement did not warrant a contradictor’s scrutiny, a judge has appointed a contradictor to represent the interests of group members in franchisee class actions against 7-Eleven as he weighs the deal.

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Judge dodges defamation suit by kosher inspector accused of not having ‘shem tov’
Defamation 2021-09-20 6:09 pm By Miklos Bolza

A Western Australia Supreme Court judge has dodged a lawsuit by a kosher compliance inspector who alleged he was defamed by an email that claimed the inspector did not have “shem tov”, or a good name, in Perth’s Jewish community.

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Delaying penalty until after Qantas outsourcing appeal ‘unfair’, court told
Employment 2021-09-20 6:21 pm By Cindy Cameronne

Qantas has filed a bid to delay a hearing on penalty after a judge found the airline outsourced ground operations partly to prevent employees engaging in industrial action, but the TWU has said a stay would be ā€œunfairā€ to 1,600 former ground staff.

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Sam Newman, Donald Scott settle defamation suit over iconic AFL pic
Defamation 2021-09-20 4:25 pm By Miklos Bolza

A defamation case brought by former footy show host Sam Newman and AFL veteran Donald Scott against sports photographer Wayne Ludbey over comments made about a historic image of indigenous AFL footballer Nicky Winmar has settled.

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MIS regime poses ‘real risk’ to consolidating Freedom Foods class actions, court told
Class Actions 2021-09-17 10:16 pm By Miklos Bolza

Recent changes to the law requiring funded class actions to be registered as managed investment schemes have complicated the question of how best to resolve the multiplicity issue in two class actions brought against Freedom Foods and Deloitte.

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‘Fruits of victory’ can’t be denied pending insurer’s class action indemnity appeal
Insurance 2021-09-17 6:51 pm By Cindy Cameronne

Avant Insurance has lost a bid to pause an order that it pay $371,000 in the legal costs of a surgeon facing a class action by breast implant patients of defunct clinic the Cosmetic Institute while the insurer’s appeal is pending.

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Judge vacates Ruby Princess class action trial
Class Actions 2021-09-17 6:34 pm By Miklos Bolza

A judge has vacated a March hearing in a class action against cruise operator Carnival over last year’s Ruby Princess COVID-19 outbreak, a week after resolving an almost year-long dispute about whether overseas passengers could be part of the proceeding.

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Judge’s patience for ‘flipping and flopping’ prosecutors in ANZ cartel case wearing thin
Competition & Consumer Protection 2021-09-16 8:47 pm By Cindy Cameronne

A judge has questioned whether he should allow prosecutors to amend charges against ANZ and its treasurer in a criminal cartel case over a $2.5 billion share placement after the bank argued the charges were defective and should be quashed.

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Contingency fee law to blame for failure of first class action GCO bid
Class Actions 2021-09-16 11:27 pm By Christine Caulfield

A ruling this week that rejected the first application for a group costs order in a class action because the applicants were better off with their existing no win, no fee arrangement was the right decision given the limits of the legislation, experts say.

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Nuix scolded by judge for defaulting on orders in former CEO’s case
Corporate 2021-09-16 5:28 pm By Christine Caulfield

A judge overseeing a case brought by the former boss of Nuix has taken the embattled technology company to task for failing to comply with court orders that it file evidence by the end of last week.

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