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Judge asks if class action firm’s uncertain GCO back-up plan ‘artificial’
Class Actions 2023-08-04 3:40 pm By Cindy Cameronne

A judge overseeing a class action against Suncorp subsidiary AAI has questioned whether the “uncertain” plan B of a law firm seeking a 25 per cent group costs order was artificially uncertain to increase the relative appeal of its contingency fee bid.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Developer ‘bought influence’ from Victorian MPs, councillors: IBAC report
Construction 2023-07-27 10:10 pm By Cindy Cameronne

Victorian premier Daniel Andrews has vowed to limit the role of local councils in planning decisions after the state’s anti-corruption board delivered a scathing report finding property developer John Woodman “bought influence” from councillors in Melbourne and two state MP’s.

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ACCC flags concerns with Coles acquisition of Saputo dairy plants
Competition & Consumer Protection 2023-07-20 12:30 pm By Gareth Baker

The ACCC has raised concerns about Coles plans to acquire milk processing plants from Saputo, with the regulator saying the transaction — marking the first time a supermarket chain has ventured into the processing market — would be a “major structural change”.

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Residents near Graincorp factory can convert case to class action
Class Actions 2023-07-13 10:32 pm By Gareth Baker

A court has found that residents living near an allegedly loud and foul-smelling Graincorp oilseed factory in rural Victoria can band together to bring a class action suit.

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Google must produce details of email sender to disendorsed Labor candidate
Defamation 2023-07-11 2:55 pm By Gareth Baker

A court has ordered Google to provide former Victorian Labor candidate Nurul Khan with account information and IP addresses relating to an anonymous email sent to the ALP last November, which led to his disendorsement by the party just two weeks before the state election. 

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Beach Energy says it had reasonable grounds for oil forecasts at centre of class action
Energy & Natural Resources 2023-07-07 3:40 pm By Cindy Cameronne

Beach Energy has struck back at a shareholder class action over alleged misleading earnings projections for its oil and gas reserves in the Cooper Basin, saying it had reasonable grounds for its rosy predictions for production.

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Hotel detention legal, but lacked ‘care and humanity’, judge says
Human Rights 2023-07-06 10:27 pm By Gareth Baker

A federal court judge has slammed Australia’s use of makeshift hotel detention centres as lacking “ordinary human decency”, but ruled they are not illegal in the case of a Kurdish refugee who was held for 14 months in two Melbourne hotels. 

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Irritated judge pushes off 2nd junior doctors class action trial
Employment 2023-07-05 4:35 pm By Sam Matthews

A judge has adjourned a trial in a case brought by junior doctors seeking to recoup alleged unpaid overtime, despite noting his annoyance over the applicants’ “180 degree turn” on the question of whether the hearing should await delivery of judgment in a related case.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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