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Damages hearing in Queensland floods class action to go ahead despite appeal
Class Actions 2020-04-24 6:35 pm By Miklos Bolza

A hearing to determine damages in the Queensland floods class action will proceed next week despite an appeal brought by the two dam operators that were found liable for the 2011 floods in the state that destroyed 2,000 homes.

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Class action says AMP wielding ‘threat’ of strike out application
Class Actions 2020-04-24 3:15 pm By Alison Eveleigh

Repeated suggestions of a planned strike out application are being used as a “threat” by four AMP subsidiaries and two trustees in a consolidated class action over allegedly excessive superannuation fees, a court has heard.

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Landmark ruling nixing class closure orders likely to reach High Court
Analysis 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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Media monitor Isentia loses bid to lower interim copyright fees
Intellectual Property 2020-04-23 5:06 pm By Christine Caulfield

The Copyright Tribunal has dismissed an application by media monitoring firm Isentia to lower per-clip rates payable to collecting house Copyright Agency, rejecting arguments the higher fees had led to a loss of customers.

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ACCC secures $14M penalty in hidden fee case against STA Travel
Competition & Consumer Protection 2020-04-23 4:06 pm By Miklos Bolza

A settlement between the ACCC and STA Travel has resulted in a penalty of $14 million after the court found the travel agency misled consumers about their ability to change flight dates and other travel details.

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Google likely to be forced to turn over reviewer’s ID to lawyer Zarah Garde-Wilson
Defamation 2020-04-23 4:01 pm By Alison Eveleigh

Global search giant Google will likely be forced to hand over details of an online reviewer’s identity to gangland lawyer Zarah Garde-Wilson so she can pursue defamation and misleading and deceptive conduct claims against the reviewer, which she alleges is a rival law firm.

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Court limits ‘fishing’ in ousted Piper Alderman partner’s sex discrimination case
Business of Law 2020-04-23 12:52 pm By Alison Eveleigh

Piper Alderman will spend the next six weeks gathering documents for a former partner who is seeking to revive her unlawful discrimination case against the firm, but a court limited the categories of documents sought to prevent a ‘fishing’ expedition.

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Ex-Johnson Winter & Slattery clients lose bid to split negligence case
Legal Ethics 2020-04-23 12:41 pm By Cat Fredenburgh

Two former clients of Johnson Winter & Slattery cannot split a trial in their negligence proceeding against the law firm and have had a subpoena set aside as “vexatious, oppressive and unfair”.

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Law firm may be hit with costs for filing individual pelvic mesh cases
Class Actions 2020-04-22 9:48 pm By Alison Eveleigh

A law firm that brought a slew of individual claims on behalf of group members in the Ethicon pelvic mesh class action should have to personally pay the costs of a series of case management hearings because they were a waste of time, a court has heard.

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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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