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Toxic foam class action not time-barred, court hears
Class Actions 2019-01-10 10:36 pm By Cat Fredenburgh

The applicants in a class action over exposure to allegedly toxic foam used on a government military base have struck back at the Commonwealth of Australia’s argument that their claims were filed too late.

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Judge waives opt out notice in HIH Insurance class actions
Restructuring & Insolvency 2019-01-09 11:41 pm By Cat Fredenburgh

A judge has dispensed with the opt out notice requirement in two class actions filed in administration proceedings related to the spectacular collapse of HIH Insurance.

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Judge approved ‘unusual’ $36.5M class action deal because of Slater & Gordon’s ‘dire’ financials
Class Actions 2019-01-09 11:07 pm By Christine Caulfield

A judge who signed off on a contested $36.5 million settlement to resolve a $1 billion class action against Slater & Gordon has explained his reasons a year later, saying the “unusual” deal flowed from the law firm’s “dire financial situation”.

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Ex-Radio Rentals CEO knew about misleading contracts, class action claims
Class Actions 2019-01-09 9:19 pm By Miklos Bolza

The former CEO of Radio Rentals, James Marshall, has been dragged into a consumer class action alleging he knew the home goods rental company pushed misleading leases onto vulnerable consumers.

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Octaviar investors, class action funder dodge indemnity costs
Class Actions 2019-01-08 1:17 pm By Miklos Bolza

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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Class action cases and trends to watch in 2019
Feature 2019-01-07 10:49 pm By Christine Caulfield

A challenge to the legality of common fund orders, an appeal to the High Court over the power of judges to stay competing cases, one of the first judgments in a shareholder class action and reform proposals promise to make 2019 another action-packed year in class actions. Here, experts give their predictions for the class action landscape this year.

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Adero hits Hays, Stellar Personnel with employment class actions
Employment 2019-01-07 10:24 pm By Christine Caulfield

Adero Law has filed class actions against labour hire companies Hays and Stellar Personnel on behalf of casual miners who allege they were entitled to accrued leave, on the eve of what’s expected to be a banner year for employment class actions in Australia.

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Class has another go at unconscionable conduct claim in Ford PowerShift case
Class Actions 2019-01-07 9:15 pm By Miklos Bolza

The applicant in a class action against Ford over allegedly defective PowerShift transmissions has taken another stab at bringing an unconscionable conduct claim, after the judge overseeing the case panned an earlier pleading as “problematic”.

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The unforgettable class action rulings of 2018
Feature 2019-01-04 11:37 pm By Christine Caulfield

Last year was an exciting one for class action lawyers, with monumental court decisions on competing cases, cross-jurisdictional spats, proportionality in settlements and the power of judges to decide how a recovery is distributed. Here, top class action litigators tell us what the most significant rulings of 2018 were and why the decisions will continue to matter this year.

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Theft of Hastie audit docs from Deloitte’s litigation room ‘troubling’, judge says
Class Actions 2019-01-04 11:25 pm By Christine Caulfield

In a situation a judge has called “extraordinary and troubling”, Deloitte’s files on failed construction company Hastie — sought as evidence by shareholders in a class action — have vanished from the accounting giant’s locked ‘litigation room’ and are now in the control of a single partner who refuses to return them.

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