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Christian Porter wins bid to keep secret ABC’s full defence in defamation case
Defamation 2021-07-30 10:20 am By Miklos Bolza

Former Attorney-General Christian Porter has succeeded in scrubbing from the court record the ABC’s full defence in his now-settled defamation suit against the broadcaster, over the protests of media outlets, with a judge finding the principle of open justice was “not absolute”.

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Former NSW ministers Eddie Obeid, Ian Macdonald found guilty of conspiracy
Breaking News 2021-07-19 2:18 pm By Cindy Cameronne

A judge has found former NSW Labor Ministers Ian McDonald and Eddie Obeid, as well as Obeid’s son Moses, guilty of conspiring to rig a tender process for a coal mining exploration licence on the Obeids’ land in the Bylong Valley.

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High Court refuses to take up 7-Eleven’s challenge to settlement CFOs
High Court 2021-06-25 10:29 am By Christine Caulfield

The High Court has declined to hear a case that challenges the power of judges to make common fund orders at the close of litigation, a challenge the Federal Court had labelled “hypothetical”.

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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Appeals 2021-06-03 10:10 am By Cindy Cameronne

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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Government owes duty of care to protect children from climate change, court rules
Energy & Natural Resources 2021-05-27 11:07 am By Miklos Bolza

The federal Minister for the Environment owes a duty of care to children who could suffer “catastrophic” harms from increased greenhouse gas emissions that would result from approving the expansion of Whitehaven’s Vickery coal mine, a judge has ruled.

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High Court says ‘no one size fits all’ when it comes to competing class actions
Class Actions 2021-03-10 10:18 am By Christine Caulfield

Judges have power to manage competing class actions by picking a winner in a so-called beauty parade, the High Court has ruled, but there is no one size fits all approach to the decision, and the law firm that files first is not guaranteed the coveted prize.

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Law firm drops responsible lending class action against Westpac after ASIC calls it a day
Exclusive 2020-08-31 1:48 pm By Christine Caulfield

Maurice Blackburn is abandoning its class action against Westpac over the bank’s alleged responsible lending law breaches, weeks after ASIC lost its appeal in the so-called wagyu and shiraz case and conceded defeat.

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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Class Actions 2020-02-27 10:00 am By Miklos Bolza

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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Common fund orders in class actions dealt fatal blow by High Court
Class Actions 2019-12-04 10:12 am By Christine Caulfield

Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.

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NAB reaches $49.5M settlement in ‘junk’ insurance class action
Class Actions 2019-11-20 4:51 pm By Miklos Bolza

The National Australia Bank and insurer MLC have agreed to pay $49.5 million to settle a class action over allegedly worthless credit card insurance.

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