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Torres Strait Islanders lay out duty of care claims in climate class action
Climate change 2022-03-21 2:10 pm By Miklos Bolza

The lead applicants in a class action by Torres Strait Islanders have detailed their argument for why the federal government has a duty of care to protect them from the effects of climate change, following a Full Court judgment that shot down the duty of care argument in a class action by Australian teenagers.

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Judge to lawyers: I hate to break it to you, but I don’t want your emails
Courts 2022-03-15 2:13 pm By Christine Caulfield

A judge overseeing a joint class action against Freedom Foods and Deloitte wants to break a bad habit among litigators of attaching to affidavits reams of correspondence between solicitors, and she has a message for legal practitioners — the court is not interested in what lawyers say to each other.

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Third Nuix class action means beauty parade may be unavoidable
Class Actions 2022-03-10 11:13 pm By Cat Fredenburgh

Technology company Nuix has been hit with a third shareholder class action over its troubled $1.8 billion float on the ASX, setting up what is likely to be the first beauty parade in the Supreme Court of Victoria since the state allowed class action lawyers to seek a cut of any settlement or judgment.

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ANZ denies charging retrospective interest on credit cards
Class Actions 2022-03-07 1:40 pm By Christine Caulfield

ANZ has hit back at claims in a class action that it slugged retrospective interest on credit card accounts and that its interest terms were not explicit, arguing the term ‘retrospective’ is liable to “confuse” the issues to be decided by the court.

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Deloitte foreshadows new privilege battle in Hastie class action
Class Actions 2022-03-03 2:39 pm By Miklos Bolza

Another fight over privilege may be on the cards in a shareholder class action over the collapse of the Hastie Group, with Deloitte flagging its partners may claim privilege over certain parts of the accounting giant’s evidence.

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Government rejects duty of care owed in latest climate change class action
Climate change 2022-02-28 4:35 pm By Miklos Bolza

The Morrison government has rejected class action claims that it owes a duty of care to Torres Strait Islanders to protect them against the negative effects of climate change, claiming the alleged duty cannot apply to high level government policy.

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Landmark class closure judgments ‘plainly wrong,’ appeals court told
Class Actions 2022-02-25 10:29 pm By Miklos Bolza

Judgments shooting down a class closure order and nixing notice of a possible class closure order were “plainly wrong” and “infected” by faulty reasoning, the Full Federal Court has heard.

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GetSwift appeals judgment scathing of ‘PR-driven’ approach to disclosures
Securities 2022-02-22 10:28 pm By Christine Caulfield

Logistics company GetSwift and its directors are appealing a win for ASIC in the regulator’s case that alleged they breached their continuous disclosure obligations and engaged in misleading and deceptive conduct in the release of 22 ASX announcements.

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High Court to hear BHP challenge to foreign investors in class action
High Court 2022-02-18 10:59 pm By Cat Fredenburgh

BHP Group has been granted special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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New funder signs on for Mesoblast shareholder class action
Securities 2022-02-18 10:58 am By Cat Fredenburgh

A new funder is backing a shareholder class action that will be brought against Australian regenerative medicine company Mesoblast over disclosures related to its Remestemcel-L treatment for COVID-19 complications.

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