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‘I didn’t come down in the last shower’: Judge criticises running of two S&P cases
Class Actions 2021-07-28 1:53 pm By Christine Caulfield

A judge has grudgingly agreed to allow a law firm to run an investor’s case against S&P Global over ratings on toxic financial products separately from a class action that makes the same claims, but was warned of the “costs consequences” of the parallel proceedings.

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NT to pay $35M to settle youth detention class action
Class Actions 2021-07-28 10:09 am By Cat Fredenburgh

The government of the Northern Territory will pay $35 million to settle a class action on behalf of 1,200 young people who allegedly suffered human rights abuses while they were in detention, including excessive force, handcuffing, strip searching and isolation in cells.

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Foreign troops were ‘infidels’, Afghan witness tells court in Ben-Roberts Smith defamation trial
Defamation 2021-07-27 7:23 pm By Cindy Cameronne

Australian soldiers who raided a village in Afghanistan were “infidels” and the people they killed were “martyrs”, an Afghan villager related to a man allegedly murdered by veteran Ben Roberts-Smith has told a court.

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ACCC appeals ruling throwing out ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2021-07-27 7:05 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has appealed a judge’s decision throwing out its competition case over an agreement for the privatisation of two NSW ports, calling the case “a matter of significance for the Australian economy”.

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First ruling on class action firm’s contingency fee bid imminent, judge says
Class Actions 2021-08-03 3:32 pm By Cindy Cameronne

A landmark ruling on a bid for a contingency fee in a class action is close, a judge said Tuesday as she heard argument in a class action against Treasury Wine Estates on whether an opt out notice should be sent to shareholders ahead of a group costs order.

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a2 Milk urges court to register ‘slightly mysterious’ trade marks
Intellectual Property 2021-07-27 5:00 pm By Miklos Bolza

The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.

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‘Pretty unimpressed’: Judge reluctantly puts JLT class action on hold
Class Actions 2021-07-26 10:58 pm By Cindy Cameronne

A judge has put off next month’s trial in one of two class actions brought by local councils against insurance JLT Risk Solutions over allegedly excessive premiums, but said the adjournment application would likely have failed if either side had put up a fight.

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NT can’t keep settlement sum secret in detention centre class action
Class Actions 2021-07-26 6:48 pm By Miklos Bolza

A judge has agreed to temporarily suppress publication of a deed of settlement in a class action against the Northern Territory by youth detainees but ruled disclosure of the settlement sum is in the interests of justice and should not be kept secret.

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Crane maker NQCranes blasts ACCC’s ‘bizarre’ new claims in cartel case
Competition & Consumer Protection 2021-07-26 5:26 pm By Christine Caulfield

Queensland crane company NQCranes wants to strike out the bulk of the ACCC’s amended case alleging a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets, saying there was no evidence of the regulator’s new allegations of a second cartel agreement.

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Sparke Helmore wins stay of $1M negligence case for abuse of process
Professional Negligence 2021-07-26 3:56 pm By Miklos Bolza

Sparke Helmore has secured a temporary reprieve in a $1 million negligence lawsuit against it, with a NSW Supreme Court judge staying the case for two weeks to allow the plaintiff property developer, which has been described as a “rudderless” firm, to get its house in order.

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