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Judge says settlement offers should operate as bulwark against costs in class actions
Class Actions 2024-02-09 10:10 pm By Cindy Cameronne

A judge has held that there could be favourable costs consequences for Carnival if its rejected $15 million settlement offer in the Ruby Princess class action turns out to be more generous than the ultimate damages award, departing from a previous ruling that so-called Calderbank offers do not operate in group proceedings. 

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Ruby Princess class action rejected $15M settlement offer, court told
Class Actions 2024-02-05 4:11 pm By Cindy Cameronne

Cruise ship operator Carnival PLC has flagged a bid for indemnity costs after the lead applicant in a class action over a COVID-19 outbreak aboard the Ruby Princess rejected a $15 million settlement offer.

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In white spot disease class action, government points finger at importers
Class Actions 2024-01-18 5:12 pm By Sam Matthews

The federal government has hit back at a class action over an outbreak of white spot disease in South-East Queensland that decimated the commercial prawn industry, pointing the finger at several importers and saying farmers failed to mitigate their own losses.

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HFW nabs litigation funding ace from Clyde & Co
Business of Law 2024-01-16 3:11 pm By Christine Caulfield

International law firm HFW has lured a team of eight lawyers from Clyde & Co, led by a partner known for his litigation funding practice.

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Ruby Princess class action heads to Full Court after plaintiff wins no damages
Appeals 2024-01-08 10:06 pm By Cat Fredenburgh

The lead applicant in a class action against Carnival PLC over a COVID-19 outbreak aboard its Ruby Princess cruise ship has lodged an appeal after she won her negligence case but walked away with only out-of-pocket expenses totaling $4,000.

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Acciona wins $10M spat with EnerMech over WestConnex contract
Construction 2023-12-18 5:25 pm By Sam Matthews

Acciona has prevailed in a fight with subcontractor EnerMech over a $10 million progress payment, which a judge found was instead an attempt by EnerMech to claim a credit in relation to security paid to Acciona.

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High Court overturns class action waiver finding in Ruby Princess case
Class Actions 2023-12-06 10:50 am By Cindy Cameronne

The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.

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Solicitors’ CFO question in Blue Sky class action sent to Full Court
Class Actions 2023-11-29 11:38 pm By Christine Caulfield

Weeks after giving the thumbs up to common fund orders at settlement, the Full Federal Court has been asked to decide whether judges have power to order payment of a commission to class action solicitors — not just funders.

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Kennedys snags Clyde & Co managing partner for insurance team
Insurance 2023-11-29 11:29 pm By Christine Caulfield

Global law firm Kennedys has bolstered its insurance practice with the appointment of Clyde & Co’s managing partner in Australia.

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Court tosses lawsuit over $55M sale of Queensland shopping centre
Real Estate 2023-10-31 4:09 pm By Sam Matthews

A judge has thrown out a lawsuit over the $55 million sale of Queensland shopping centre brought by an arm of Elanor Investors Group, clearing the vendor and its agent of allegedly misleading or deceptive conduct.

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