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Shine Lawyers’ attempt at video opt-out notice not a Golden Globe winner, judge teases
Class Actions 2020-04-15 3:38 pm By Miklos Bolza

A Federal Court judge has praised an attempt by Shine Lawyer’s head of litigation to create an audio-visual opt out notice for its insurance class action against Westpac, but jokingly remarked that her performance would not win her any acting plaudits.

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Top silk to lead NSW government inquiry into Ruby Princess cruise ship
Class Actions 2020-04-15 1:33 pm By Christine Caulfield

A leading barrister has been appointed by the NSW premier to head an inquiry to investigate the docking and disembarking of the Ruby Princess cruise ship, now linked to 18 COVID-19 related deaths.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Class Actions 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Judge shoots down request for soft closure in breast implants class action
Class Actions 2020-04-14 1:22 pm By Cat Fredenburgh

The plaintiffs in a class action against Dr Eddy Dona, the director of defunct chain the Cosmetic Institute, over allegedly botched breast implants have lost their bid for a ‘soft’ class closure order, with a judge saying the class already had sufficient information to engage in settlement negotiations.

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‘This is the reality of litigation in Australia’: Class action clashes with Ford over virtual trial
Trials 2020-04-09 9:59 pm By Christine Caulfield

Arguing that the court should not be “baulking at problems that have the potential to occur”, counsel for a class action against Ford is pushing back against a bid by the car maker to put the brakes on an upcoming virtual trial the company says will be too difficult and costly.

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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
Trials 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Quintis reaches settlement in shareholder class action
Class Actions 2020-04-09 7:53 pm By Christine Caulfield

Sandalwood producer Quintis has agreed to settle two class actions by shareholders, but the claims against company founder Frank Wilson and auditor EY will proceed for now.

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Judge calls for legislative fix in wake of High Court’s common fund ruling
Class Actions 2020-04-09 1:50 pm By Christine Caulfield

Lamenting that he now has less flexibility to manage commission rates, a judge has called for legislative intervention to give courts authority to regulate funding arrangements at the outset of class actions, a power stripped from them by the High Court late last year.

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Funding blocked in Clive Palmer class action until appeal heard
Class Actions 2020-04-08 7:59 pm By Alison Eveleigh

Funding for a class action over the troubled Coolum Palmer Resort has been temporarily blocked while a company owned by Clive Palmer appeals a judgment in a separate lawsuit lodged by the billionaire to thwart the class action.

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Barrister in toxic foam class action appointed to NSW Supreme Court
People In The News 2020-04-08 12:56 pm By Cat Fredenburgh

A barrister who represented the Commonwealth of Australia in a class action over the use of allegedly toxic firefighting foam has been appointed to the NSW Supreme Court, bringing much needed diversity to the male-dominated bench.

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