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In blow for Acciona, court won’t declare COVID-19 a force majeure event
Energy & Natural Resources 2022-11-16 4:59 pm By Cindy Cameronne

A judge has refused to declare COVID-19 a force majeure event in a loss for Spanish infrastructure giant Acciona, which seeks to back out of a construction project for a $696 million Kwinana waste-to-energy plant.

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A ‘sorry history’ of non-compliance: Judge tosses underpayments class action
Class Actions 2022-11-15 11:29 pm By Christine Caulfield

A judge has thrown out an underpayments class action against NSW not-for-profit Life Without Borders for failure to advance the case with due diligence and slapped the lead applicant with costs for his “unreasonable” acts during the course of the proceeding.

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Funder’s $13.2M cut is 26% of Opal Tower class action settlement
Class Actions 2022-11-11 11:00 pm By Cindy Cameronne

The litigation funder bankrolling a class action on behalf of 383 apartment owners in Sydney’s troubled Opal Tower is seeking a 26 per cent commission totalling $13.2 million of the confidential settlement sum, a court has heard. 

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Court approves GCO in Noumi class action but may review lawyers’ cut
Class Actions 2022-11-08 10:40 pm By Sam Matthews

A judge has signed off on a group costs order in a shareholder class action against food company Noumi and auditor Deloitte guaranteeing group members a return of at least 78 per cent, but noted the law firms’ cut may need to be reviewed to avoid a “disproportionate return”.

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Virgin’s insurers may be pulled into bond holders class action
Class Actions 2022-11-08 4:02 pm By Cindy Cameronne

Virgin Australia’s insurers may be dragged into a class action accusing the airline of failing to disclose its true financial position in a 2019 prospectus for a $324 million capital raising.

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NAB acted unconscionably with periodic payment fee overcharges, judge finds
Financial Services 2022-11-07 11:24 pm By Christine Caulfield

A court has found National Australia Bank engaged in unconscionable conduct in knowingly overcharging thousands of customers periodic payment fees for four years.

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Major win for Lendlease, Multiplex in $68M case by Hastie liquidators
Construction 2022-11-02 11:18 pm By Cindy Cameronne

Lendlease and other major builders have secured a significant victory in a long-running case brought by the liquidators of failed engineering company Hastie Group, with a judge saying Hastie wasn’t entitled to the proceeds of bank guarantees withdrawn by the builders when it collapsed 10 years ago.

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Pitcher Partners’ $41M class action settlement gets nod
Class Actions 2022-10-28 11:04 pm By Cindy Cameronne

A judge has approved a $41 million settlement in a shareholder class action against Pitcher Partners but has reduced the funder’s cut to $11.5 million after resolving a feud with the lead applicant over how much it should receive for taking the case to trial.

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Uber loses fight to protect advice by lawyers sought to ‘avoid being caught’
Class Actions 2022-10-28 1:15 pm By Cindy Cameronne

Uber has lost its challenge to a decision that found many of its email exchanges with lawyers were made in furtherance of offences at the centre of class action claims and were not protected by legal professional privilege.

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Meta wins access to info on ‘Sue Facebook’ tokens bankrolling crypto class action
Class Actions 2022-10-28 11:56 pm By Christine Caulfield

Digital giant Meta can access information on crypto tokens issued to fund a class action over Facebook’s ban on cryptocurrency ads, but the identities of those who have bought the tokens can be kept under wraps.

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