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Takata airbags class actions confirm landmark challenge to class closure order
Appeals 2019-12-17 10:50 pm By Miklos Bolza

The applicants in a group of class actions over defective Takata airbags are pushing ahead with a challenge to the power of the NSW Supreme Court to issue class closure orders in the aftermath of a High Court decision shooting down common fund orders, a fight that could send the cases back to the High Court. 

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ASIC takes life insurer TAL to court over handling of cancer victim’s claim
Insurance 2019-12-17 10:22 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has taken legal action on another referral from the banking royal commission, dragging life insurer TAL to court for allegedly engaging in misleading and deceptive conduct in its handling of a claim for coverage.

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Leyonhjelm used settlement offer to ‘attack’ Sarah Hanson-Young, court hears
Defamation 2019-12-17 10:16 pm By Christine Caulfield

Former senator David Leyonhjelm used a settlement offer as another platform to attack Greens senator Sarah Hanson-Young ahead of her win in a defamation case, a court has heard.

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GetSwift shareholder info should be off limits for class action bookbuilding, judge told
Class Actions 2019-12-17 8:13 pm By Christine Caulfield

Contact details of shareholders provided by GetSwift to the firm running a class action should not be used to recruit group members now that the common fund order in the case has been quashed, the logistics company has told a court.

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Appco ‘running out of money’, class action judge hears as fight over insurance docs looms
Employment 2019-12-17 6:05 pm By Christine Caulfield

Fundraising company Appco has told a judge overseeing a $90 million sham contracting class action it is “running out of money” and wants to mediate the dispute as soon as possible.

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Court slashes $450,000 judgment against HWL Ebsworth
Employment 2019-12-17 4:05 pm By Miklos Bolza

An appeals court has slashed a $450,000 judgment against law firm HWL Ebsworth to $127,000, after finding a former partner who sued the firm for unfair dismissal had not lost the opportunity to seek other employment.

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APRA begins probe of Westpac over ‘substantial gaps in risk governance’
Financial Services 2019-12-17 3:31 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority has flagged potentially “substantial gaps in risk governance” by Westpac as it formally kicked off an investigation into the bank and its executives for potential breaches of the Banking Act.

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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Class Actions 2019-12-16 9:27 pm By Miklos Bolza

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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De-classing threat revived as 3A Composites slams ‘simply shambolic’ combustible cladding action
Product Liability 2019-12-16 9:25 pm By Miklos Bolza

German cladding manufacturer 3A Composites has again threatened to call for the de-classing of a class action brought over allegedly combustible cladding, slamming the case against it as “simply shambolic” and the conduct of the applicant as “utterly irresponsible”.

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Google slams ACCC’s ‘artificial and incorrect’ case over location data disclosures
Competition & Consumer Protection 2019-12-16 8:47 pm By Christine Caulfield

Google has come out in defence of its privacy disclosures to Android mobile users in the face of landmark legal action by the ACCC, saying the consumer regulator’s allegations of misleading conduct rely on an “artificial and incorrect” account of the way it informs users of the collection and use of personal location data.

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