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Judge spots ‘fundamental flaw’ in NAB insurance class action settlement
Class Actions 2020-02-25 10:25 pm By Miklos Bolza

A judge has questioned whether he should sign off on a $49.5 million settlement in a class action against National Australia Bank over allegedly worthless credit card insurance, which he said had a “fundamental flaw” because it did not contain a provision automatically cancelling group members’ policies.

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ASIC pans Wagyu and shiraz ‘thought experiments’ in Westpac home loan appeal
Financial Services 2020-02-25 5:05 pm By Miklos Bolza

ASIC has criticised a Federal Court judge for his ‘thought experiments’ around prospective home loan applicants feasting on Wagyu beef and shiraz, as the regulator challenges the judge’s dismissal of its responsible lending case against Westpac.

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‘Negligent’ insurance broker must pay client’s copyright settlement with Microsoft
Intellectual Property 2020-02-24 9:17 pm By Christine Caulfield

An insurance broker breached its duties to a software company and must cover the costs of a settlement it reached with Microsoft for copyright infringement, a court has found. 

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AFP agrees to keep eyes off seized files while ABC mulls appeal
Media 2020-02-24 9:09 pm By Christine Caulfield

The Australian Broadcasting Corporation has secured a short-lived agreement by the Australian Federal Police not to look at the material seized in a controversial raid on the national broadcaster’s headquarters as it considers whether to take its battle with the agency to an appeals court.

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No harm, no foul? Full Court weighs ACCC challenge to flushable wipes ruling
Competition & Consumer Protection 2020-02-24 5:58 pm By Miklos Bolza

The ACCC claims it was not required to prove Kimberly-Clark’s flushable wipes caused actual harm to sewers, as it challenges a ruling that disposed of its consumer law case against the personal care giant.

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Westpac slams Shine’s ‘sales pitch’ in class action opt out notice
Class Actions 2020-02-21 10:21 pm By Miklos Bolza

Westpac has criticised Shine Lawyers for allegedly turning a registration and opt out notice to class action members into a ‘sales pitch’ designed to book-build for the firm, saying the High Court’s recent common fund ruling forbade approval of anything designed to boost the commercial viability of a case.

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De Belin says Nationwide News defamed him with ‘rapist’ allegations
Defamation 2020-02-21 9:27 pm By Cat Fredenburgh

Suspended rugby player Jack de Belin has hit the publisher of The Daily Telegraph with a defamation lawsuit over an article, cartoon and tweet that allegedly implied he was a “rapist” and a “despicable person”.

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No end in sight for epic Queensland floods class action
Class Actions 2020-02-21 12:45 pm By Cat Fredenburgh

Dam operator Seqwater will appeal its loss in a long-running class action over the 2011 Queensland floods that destroyed over 2,000 homes, a move derided by the lawyer for the flood victims, who called for “an end to the injustice” her clients have suffered.

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Ex-director can’t grill Corrs partner in $1M share dispute
Employment 2020-02-21 12:14 pm By Miklos Bolza

A former managing director of Australian civil infrastructure contractor WBHO Infrastructure and his firm have lost their bid to cross-examine the company’s instructing solicitor at Corrs Chambers Westgarth as part of a $1 million share dispute that followed his termination.

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Ex-Victorian prosecutor awarded $435,000 for work-related PTSD
Business of Law 2020-02-20 9:29 pm By Miklos Bolza

A former prosecutor working for the Victorian Office of Public Prosecutions in its sexual offences division has won a $435,000 judgment by the state’s Supreme Court after being diagnosed with depression and PTSD during her time working there.

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