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‘Very disappointing’: Judge bemoans delays in QSuper class action
Class Actions 2023-11-21 1:50 pm By Cindy Cameronne

A judge has reluctantly granted extensions in a class action over QSuper’s alleged failure to notify members of changes to its premiums, saying the delay in the two-year old case was “very disappointing”.

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High Court won’t weigh in on spat between Probuild, Allianz over development bonds
Construction 2023-11-20 11:52 pm By Christine Caulfield

Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.

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Combustible cladding class action wins ‘fresh start’ with new mediator
Class Actions 2023-11-13 1:43 pm By Cat Fredenburgh

A judge has granted a bid for a new mediator in a class action over allegedly combustible cladding, agreeing with the applicant that a “fresh start” may be beneficial.

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United class action wins fight against ‘stultifying’ security bid
Franchises 2023-11-03 11:43 pm By Sam Matthews

A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites has succeeded in fending off the petrol company’s bid for security, with a judge agreeing it would have a chilling effect on the unfunded case.

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Judge up for costs in false imprisonment case, but not for abandoned expert
Legal Ethics 2023-11-02 11:00 pm By Sam Matthews

A man awarded $300,000 after he was unlawfully imprisoned for contempt has won his legal costs from the judge who jailed him. But a court has rejected his bid to recoup the costs paid to a damages expert in his case, finding he gave her “incomplete, inaccurate and unreliable” instructions.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews

A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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Court erred in failing to find judicial immunity, judge argues
Courts 2023-10-18 2:34 pm By Christine Caulfield

The Federal Court erred in finding a judge did not have judicial immunity from liability for damages suffered by a Queensland man found to have been wrongfully imprisoned for contempt, an appeals court has been told.

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Care A2 Plus can try again to block Gensco’s US suit
Food and Beverage 2023-10-18 11:38 pm By Cindy Cameronne

A judge has allowed Care A2 Plus to proceed with an appeal arguing a US lawsuit by former business partner Gensco should be blocked, saying the infant formula company will otherwise face a “risk of substantial injustice”. 

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Care A2 willing to take fight over Gensco’s US suit to High Court
Appeals 2023-10-17 3:12 pm By Cindy Cameronne

Care A2 Plus should be given leave to appeal a ruling over an overlapping US case by former business partner Gensco so that it can file a challenge in the High Court if need be, a court has heard.

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Over United Petroleum’s objections, class action firm can peek at franchisee communications
Franchises 2023-10-17 11:51 pm By Cat Fredenburgh

The law firm that’s running a franchisee class action against United Petroleum over allegedly loss-making Pie Faces stores has has won its bid to peek at draft communications the oil giant wants to send to group members.

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