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Bushfire class action would face tough road, lawyer says
Class Actions 2020-01-15 3:29 pm By Miklos Bolza

Australia’s bushfire crisis has led to calls for a class action against a government perceived to be liable for its inaction on climate change. But representative proceedings may not have a high chance of success, a lawyer has told Lawyerly.

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Landowners lose appeal over $56.5M payout for Westconnex project
Transportation & Infrastructure 2019-09-26 2:31 pm By Christine Caulfield

A group of Sydney commercial landlords whose properties were compulsorily acquired for the WestConnex project have lost an appeal seeking $56.5 million in compensation, after the Valuer-General offered them just over half that amount.

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Litigation funding agreements legal in Queensland class actions, court says
Class Actions 2019-09-13 7:27 pm By Miklos Bolza

The Queensland Supreme Court has upheld the legality of litigation funding agreements in a landmark class action judgment that could have a ripple effect across other states in Australia.

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Adani defeats appeal in native title challenge to Queensland coal mine
Energy & Natural Resources 2019-07-12 10:30 pm By Christine Caulfield

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland has lost an appeal of a ruling dismissing a native title case against the $16 billion development.

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Special counsel appointed in toxic foam class action
Class Actions 2019-06-28 11:41 am By Cat Fredenburgh

The judge overseeing several class actions over the alleged use of toxic foam at government military bases has appointed a special counsel to hear the Commonwealth’s claims that it should be exempt for producing certain documents due to public interest immunity and legal professional privilege.

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Landowners above Sydney Metro tunnel can claim compensation before digging complete
Transportation & Infrastructure 2019-06-24 8:34 pm By Amelia Birnie

Landowners above the Sydney Metro underground tunnel will be allowed to claim compensation before construction is complete, with a court also preparing to consider potential compensation for any reduced development potential.

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Farmers can’t use the word ‘oil’ in Montarra oil spill class action, PTTEP says
Class Actions 2019-05-28 8:19 pm By Amelia Birnie

Oil company PTTEP has objected to Indonesian seaweed farmers using the word “oil” in their evidence in the Montarra oil spill class action, arguing they are not qualified to identify oil.

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ACCC approves ‘green’ plastic certification trade mark over vagueness concerns
Intellectual Property 2019-05-28 5:35 pm By Miklos Bolza

The Australian Competition and Consumer Commission has approved an application by plastics manufacturer OxoPak for a certification trade mark for certain biodegradable plastics.

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Irrigators bring $830M class action against Murray-Darling Basin Authority
Class Actions 2019-05-14 10:45 pm By Christine Caulfield

Irrigators in Australia’s South East have launched a class action against the Murray-Darling Basin Authority claiming its mismanagement of the river system caused up to $830 million in losses.

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Oil spill class action trial delayed by expert evidence filed ‘without leave, without notice’
Class Actions 2019-05-06 9:07 pm By Amelia Birnie

The Montarra oil spill class action trial has been pushed back by two weeks, following the filing of late expert evidence by the applicants “without leave, without notice,” according to oil company PTTEP.

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