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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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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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Grocon’s system for identifying privileged docs ‘far from reliable’: judge
Construction 2023-11-13 8:03 am By Sam Matthews

Grocon has taken another hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its claim of privilege over more than 15,000 documents.

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Melissa Caddick’s son to keep half of sneaker collection in deal with receivers
Restructuring & Insolvency 2023-11-13 3:10 pm By Cat Fredenburgh

The receivers of Sydney fraudster Melissa Caddick’s estate have reached an agreement with her husband on a small pool of remaining assets in dispute that will see half of her teenaged son’s sneaker collection sold to repay defrauded investors.

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Optus’ claim of privilege over Deloitte report ‘not sustainable’, judge says
Privacy & Cybersecurity 2023-11-10 3:44 pm By Christine Caulfield

Optus has lost its fight to keep a class action from accessing an independent report by consulting giant Deloitte into last year’s major data breach.

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ANZ faces shareholder litigation over climate risk management
Financial Services 2023-11-10 2:07 pm By Christine Caulfield

ANZ is facing proceedings by a shareholder who wants the bank to turn over documents related to its risk management systems in response to concerns it is increasing loans to fossil fuel companies and failing to properly address climate change risks.

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Class action firm may seek compensation for unlawful immigration detention
Human Rights 2023-11-10 9:05 pm By Cat Fredenburgh

A leading class action firm may seek compensation for those who were illegally detained after the High Court ruled that Australia’s system of holding individuals indefinitely in immigration detention is unlawful.

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India may take ruling over foreign state immunity waiver to High Court
Arbitration 2023-11-10 11:03 am By Sam Matthews

The government of India has flagged a possible special leave application if it loses its appeal of a decision finding it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites because it waived its foreign state immunity.

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Viterra’s decade-long fight with Cargill ends at door of High Court
Competition & Consumer Protection 2023-11-09 11:55 pm By Christine Caulfield

Glencore-owned Viterra has failed in its bid for High Court leave to challenge a ruling in a 10-year battle with Cargill over the 2013 sale of malt producer Joe White, leaving the grain producer to fork over damages of almost $300 million.

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‘Improper and delinquent’: Lawyer personally hit with costs of ‘doomed’ case
Legal Ethics 2023-11-09 1:30 pm By Sam Matthews

A Sydney lawyer has been ordered to pay the costs of a property dispute after a judge found his conduct meant the case was “doomed to fail” and caused the costs of the litigation to be wasted.

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