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Class action against NT government alleging institutional racism must clarify case
Human Rights 2023-04-27 3:54 pm By Cindy Cameronne

A judge has told a class action applicant alleging institutional racism targeting the Indigenous population of a remote NT community to clarify his case over the availability of interpreting services.

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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Intellectual Property 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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Allianz to appeal ruling over indemnity for historic sex abuse claims
Insurance 2023-04-27 10:06 pm By Cindy Cameronne

Allianz has flagged it will appeal a ruling that found it must indemnify the Uniting Church for historic claims of sexual abuse that allegedly occurred up to four decades ago at the exclusive Sydney boys’ private school Knox Grammar.

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‘The book was covered’: ANZ fights ‘entirely novel’ ASIC case over $2.5B share placement
Trials 2023-04-26 11:18 pm By Sam Matthews

ANZ has told a court it had no obligation to disclose a $750M bailout by the underwriters of a $2.5B equity capital raising in 2015, in ASIC’s case alleging the bank breached its continuous disclosure obligations by failing to alert the market to the bailout.

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Class action argues fraud exception makes Norton Rose, Deloitte emails fair game
Class Actions 2023-04-26 11:47 pm By Cindy Cameronne

A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.

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Judge ‘frustrated’ that remaining PFAS class action has not settled
Class Actions 2023-04-26 2:09 pm By Cindy Cameronne

A judge has expressed his “frustration” that a class action against the government over the use of alleged toxic firefighting foam has not settled despite the resolution of similar group proceedings almost three years ago. 

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Hog’s Breath Cafe franchisees mull declassing bid in own class action
Class Actions 2023-04-26 2:38 pm By Christine Caulfield

The lead applicant in a franchisee class action against the Hog’s Breath Cafe restaurant chain is considering an application to declass the case it brought after losing a challenge to a $1.23 million security for costs order.

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AIG can’t withdraw admission in Linchpin class action
Insurance 2023-04-26 11:31 pm By Cindy Cameronne

A judge has refused American International Group’s bid to withdraw an admission that directors of defunct advisory firm Linchpin Capital were covered under a D&O policy in an investor class action that has settled against everyone but the insurer. 

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Scenic Tours can cross-examine group members in cruise class action
Class Actions 2023-04-26 10:55 pm By Cat Fredenburgh

A judge has ruled Scenic Tours can cross-examine class action members without seeking approval from referees, who will oversee a process for assessing amounts owed to them, after the tour operator mostly lost its appeal of a judgment that put it on the hook for damages to disappointed cruise goers.

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ANZ exec ‘deeply concerned’ about $2.5B share placement shortfall, court hears
Trials 2023-04-24 10:03 pm By Sam Matthews

A senior ANZ executive was “deeply concerned” by the size of the shortfall in its $2.5 billion 2015 equity capital raising, the court heard on the first day of trial in ASIC’s civil penalty case against the bank over alleged disclosure breaches.

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