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Class action by sexual abuse survivors accuses law firm of negligence
Class Actions 2024-07-23 11:09 pm By Cat Fredenburgh

A class action has accused not for profit community legal service Knowmore Legal of breaching its duty of care and providing negligent advice to survivors of institutional child sexual abuse who settled their claims under the National Redress Scheme when they could have recovered more by taking their claims to court.

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Former OnePath chair ‘not cooperating’ in ANZ class action, court told
Class Actions 2024-07-23 1:59 pm By Cindy Cameronne

The ex-chair of former ANZ unit OnePath “has not been cooperating” in a class action alleging it breached its duties as a trustee of superannuation funds by slugging members with excessive fees to pay commissions to financial advisers, a court has heard. 

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Investor class action can’t see Virgin’s advice from Herbert Smith Freehills
Class Actions 2024-07-23 11:40 pm By Cindy Cameronne

A judge has rejected arguments that Virgin Australia waived legal professional privilege over advice from Herbert Smith Freehills by claiming in a class action defence that it had a reasonable belief that statements in a prospectus for a $324 million capital raising were not misleading.

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Court questions GM’s interpretation of settlement in Holden class action
Class Actions 2024-07-22 11:04 pm By Sam Matthews

An appeals court has questioned General Motors’ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.

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McDonald’s opposes ‘skewed’ employee samples in underpayments class action
Class Actions 2024-07-22 3:06 pm By Cindy Cameronne

McDonald’s has raised concerns about a “skewed” sample of employees for the initial trial in a class action alleging the fast food giant denied shift managers compensation for pre- and post-shift work.

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Early common fund orders blessed by NZ appeals court in ANZ class action
Class Actions 2024-07-19 10:00 pm By Cindy Cameronne

A New Zealand appeals court has ruled that common fund orders can be made in class actions, even at the early stages, departing from the High Court of Australia in finding the commercial viability of a proceeding enhances access to justice. 

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3A cladding class action wins spat over issues to be canvassed at two-month trial
Competition & Consumer Protection 2024-07-19 11:46 pm By Cindy Cameronne

Building materials manufacturer 3A Composites has lost a challenge to questions for a judge at an initial trial of a class action over combustible cladding, with a judge finding the issue of whether the company’s Alucobond panels were of acceptable quality was common to all group members. 

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Class action against Noumi lays claim to $5M penalty in ASIC case
Securities 2024-07-18 2:04 pm By Sam Matthews

Noumi has agreed to pay a $5 million penalty for violating its continuous disclosure obligations in a case brought by the corporate regulator, but the applicant in a shareholder class action against the food company says the sum should be reserved to compensate group members. 

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BHP class action to take fresh look at pleadings after failure of CBA cases
Class Actions 2024-07-18 1:28 pm By Cindy Cameronne

A shareholder class action against BHP has sought more time to finalise its pleadings ahead of trial, after a judge threw out two class actions against the Commonwealth Bank that also alleged continuous disclosure breaches.

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Class action filings set for lowest year in decade, law firm report says
Class Actions 2024-07-18 2:37 pm By Christine Caulfield

The number of new class actions so far this year has fallen short of recent years, and not a single shareholder proceeding has been lodged in 2024 to date, according to a new report.

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