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High Court declines Queensland floods class action appeal
Appeals 2022-04-12 12:36 pm By Cat Fredenburgh

The High Court has declined special leave to a class action to challenge a ruling that found dam operator Seqwater was not liable for the 2011 Queensland floods, after the state of Queensland and subcontractor Sunwater agreed to pay $440 million last year to settle their share of the liability in the long-running case.

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Smile Direct Club bites back in lawsuit over teeth straightener claims
ACCC 2022-04-07 10:10 pm By Sam Matthews

The maker of the popular Invisalign dental aligners may soon face a cross-claim from competitor SmileDirectClub, which it sued for allegedly misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits. 

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Opal Tower engineer takes insurers to court over class action coverage
Insurance 2022-03-30 1:50 pm By Cat Fredenburgh

The structural engineer behind Sydney’s Opal Tower has taken builder Icon’s insurers to court, arguing they should cover its costs in a class action brought on behalf of residents of the ill-fated building and related litigation.

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Corestaff group members would get less than half of $6.4M settlement if funder seeks 35% cut
Class Actions 2022-03-23 11:46 am By Cat Fredenburgh

Group members in a class action by Papua New Guinea workers against labour hire firm CoreStaff would get less than half of a $6.4 million settlement if the funder that backed the case seeks a common funder order for a 35 per cent commission.

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High Court grants Western Power special leave in bushfire class action
High Court 2022-03-22 2:17 pm By Miklos Bolza

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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Judge’s ‘blood boils’ over lack of cooperation in Domino’s class action
Class Actions 2022-03-21 2:07 pm By Cindy Cameronne

A judge has censured Domino’s Pizza and the lead applicant in an underpayments class action, saying their lack of cooperation made his “blood boil”.

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Qantas ordered to pay Perth Airport $9.5M in terminal fee dispute
Aviation 2022-03-04 11:58 am By Miklos Bolza

Qantas has been ordered to pay $9.5 million in unpaid fees after the Western Australia Supreme Court resolved a dispute over the “fair and reasonable” amount owed for terminal services provided for the airline’s domestic and international flights.

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Settlement talks in Astora pelvic mesh class action ‘well advanced’
Product Liability 2022-03-03 9:57 pm By Miklos Bolza

Settlement talks in a class action brought by Shine Lawyers against Astora Women’s Health on behalf of women injured by allegedly defective pelvic mesh products are “well advanced”, while mediation in two similar actions is ongoing, a court has heard.

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Corestaff to pay $6.4M to settle class action by Papua New Guinea workers
Class Actions 2022-03-02 12:22 pm By Cat Fredenburgh

Labour hire firm CoreStaff will pay $6.4 million to settle a class action accusing it of using the promise of long-term work to lure workers to Australia from Papua New Guinea, only to terminate their employment agreements less than three years after they made the move.

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Abandoned IVF clinic merger no win for ACCC, judge says
Competition & Consumer Protection 2022-03-01 4:54 pm By Christine Caulfield

The ACCC got what it wanted when IVF providers Virtus Health and Healius terminated a proposed $45 million merger, but it wasn’t a win, a judge has said in mostly denying the regulator’s bid to recover the costs of its court challenge to the deal.

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