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Vocus ruling cements return to class action book building by funders
Analysis 2020-05-05 10:37 pm By Christine Caulfield

A decision this week rejecting a proposed common fund order at the settlement approval stage of a class action against teleco Vocus has dashed the hopes of litigation funders that a recent High Court ruling would not foreclose on judges using discretion at the end of a case and will cement a return to bookbuilding and a focus on shareholder class actions by institutional investors.

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Law firm faulted for ‘opaqueness’ over number of toxic foam class actions to be filed
Class Actions 2020-04-30 11:00 pm By Miklos Bolza

Responding to a judge’s criticism that he had been “fobbed off” about how many PFAS class actions it expected to file, Shine Lawyers has said it has no current plans to bring more cases against the Department of Defence over the toxic foam.

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Queensland says state should pay just 1% of flood class action damages
Class Actions 2020-04-29 4:54 pm By Miklos Bolza

The Queensland government is seeking court orders that put dam operators Seqwater and Sunwater on the hook for the vast majority of damages after a class action judgment found negligence in the lead up to the state’s 2011 floods that destroyed 2,000 homes.

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Virgin administrators not on the hook for aircraft leases, for now
Restructuring & Insolvency 2020-04-24 6:41 pm By Alison Eveleigh

The administrators of Virgin Australia will not have to pay the troubled carrierā€™s aircraft and other lease payments, after a court granted them a temporary exemption from liability.

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Damages hearing in Queensland floods class action to go ahead despite appeal
Class Actions 2020-04-24 6:35 pm By Miklos Bolza

A hearing to determine damages in the Queensland floods class action will proceed next week despite an appeal brought by the two dam operators that were found liable for the 2011 floods in the state that destroyed 2,000 homes.

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Law firms step up pro bono efforts amid COVID-19 pandemic
Business of Law 2020-04-21 1:10 pm By Miklos Bolza

As the COVID-19 crisis leaves tens of thousands unemployed and charities struggling, law firms are responding by offering assistance to those in need through expanded pro bono work and community outreach programs that provide assistance to the country’s most vulnerable people.

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Fight erupts over need for amicus to weigh fairness of $212.5M toxic foam settlement scheme
Class Actions 2020-04-06 7:02 pm By Alison Eveleigh

The Commonwealth of Australia has called for the appointment of an amicus to scrutinise the $212.5 million settlement reached in several class action against it over allegedly toxic firefighting foam used on government military bases.

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Citing coronavirus, judge orders limited discovery in ANZ, Westpac ‘junk’ insurance class actions
Class Actions 2020-04-03 11:18 pm By Christine Caulfield

Noting the challenge of searching for documentary evidence while employees are working from home, a judge overseeing two consumer class actions against ANZ and Westpac has directed the banks to hand over only a limited number of documents to the applicants, and given them extra time to do it.

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Competition and consumer law amid the pandemic: Your guide to avoiding viral confusion
Expert Insights 2020-03-30 10:40 pm By Editor

While these unprecedented and challenging times are placing profound pressure on the operations and financial position of businesses, itā€™s important to remember that companies are not exempt from complying with the competition and consumer laws. King & Wood Mallesons’ Peta Stevenson, Caroline Coop, Lisa Huett and Simon Cook give companies a guide to navigating unexpected challenges when dealing with competitors, consumers and other parties during the COVID-19 health crisis.

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Group members to get policy cancellation info in NAB insurance class action settlement
Class Actions 2020-03-30 9:02 pm By Alison Eveleigh

A judge overseeing a class action against National Australia Bank over ā€˜junk insuranceā€™ has ordered that potential group members be given information about cancelling the policies, but not before taking the applicants to task for not having the polices automatically cancelled as part of the $49.5 million settlement.

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