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High Court asked to resolve appellate court split on class closure
High Court 2024-05-15 11:22 pm By Cindy Cameronne

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

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‘Well outside the median range’: Judge questions GCO rate in FleetPartners class action
Class Actions 2024-05-15 10:57 pm By Sam Matthews

A judge has expressed concerns about the plaintiff’s proposed group costs order rate in a shareholder class action against fleet management company FleetPartners, saying the purpose of the GCO regime was to lower costs to group members.

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ANZ to face expanded claims in superannuation class action
Class Actions 2024-05-15 11:07 pm By Sam Matthews

A class action against ANZ and former subsidiary OnePath has been given the green light to “significantly expand” its case against the big four bank, over three years after the case was first filed.

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Activist groups to appeal order to hand up communications with EDO in Barossa gas case
Appeals 2024-05-15 11:43 pm By Andy Sidler

Activist organisations are seeking to challenge orders to hand up communications with the Environmental Defenders Office in its failed case against Santos over the $5.6 billion Barossa gas project, arguing there was no legitimate forensic purpose for the material sought. 

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Sky News appeals loss to Isentia in case of ‘wholesale copying’
Intellectual Property 2024-05-15 11:09 pm By Christine Caulfield

Sky News has taken its fight with Isentia to the Full Federal Court, after a judge found the the media monitor was not liable for copyright infringement despite the “wholesale copying” of content distributed to government clients.

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Optus denies ‘cloaking’ Deloitte report in privilege in data breach class action
Appeals 2024-05-14 10:38 pm By Cindy Cameronne

Optus has denied that it ‘cloaked’ the true dominant purpose of a Deloitte report into a major data breach in 2022, arguing on appeal that the report was privileged and that a class action should not have access to it. 

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Judge blasts eSafety Commissioner bid for global takedown orders against X
Social Media 2024-05-14 10:56 pm By Sam Matthews

A judge has given a poor prognosis to the eSafety Commissioner’s case seeking to have X Corp remove posts that depict a stabbing of a bishop at a Sydney church,  calling it an alarming and unreasonable attempt to exert control over activities abroad.

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Former HWL Ebsworth client can’t seek additional $22.8M after negligence finding
Business of Law 2024-05-14 11:32 pm By Cindy Cameronne

A former HWL Ebsworth client has lost his argument that the firm must reimburse him for $22.8 million in expenses and interest after a judge found the law firm was negligent in advising on a joint venture contract for a Sydney land development, which allegedly lost him $130 million. 

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Builder can’t revive abandoned claims against AGL
Energy & Natural Resources 2024-05-14 11:08 pm By Sam Matthews

Collapsed construction and maintenance company General Trade Industries has lost its bid to revive abandoned claims against AGL in a nearly four-year old contract case over work on two Queensland gas plants, with a judge finding the company has had “more than a sufficient opportunity to plead its case”.

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Unvaccinated DP World workers lose appeal bid for reinstatement despite ‘harsh’ dismissal
Employment 2024-05-14 11:11 pm By Andy Sidler

A group of DP World workers previously found to have been “blindsided” by their dismissal for refusing a mandatory COVID-19 jab have failed in a bid to appeal a decision that found their reinstatement inappropriate.

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