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Judge says settlement offers should operate as bulwark against costs in class actions
Class Actions 2024-02-09 10:10 pm By Cindy Cameronne

A judge has held that there could be favourable costs consequences for Carnival if its rejected $15 million settlement offer in the Ruby Princess class action turns out to be more generous than the ultimate damages award, departing from a previous ruling that so-called Calderbank offers do not operate in group proceedings. 

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Ruby Princess class action rejected $15M settlement offer, court told
Class Actions 2024-02-05 4:11 pm By Cindy Cameronne

Cruise ship operator Carnival PLC has flagged a bid for indemnity costs after the lead applicant in a class action over a COVID-19 outbreak aboard the Ruby Princess rejected a $15 million settlement offer.

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Ruby Princess class action heads to Full Court after plaintiff wins no damages
Appeals 2024-01-08 10:06 pm By Cat Fredenburgh

The lead applicant in a class action against Carnival PLC over a COVID-19 outbreak aboard its Ruby Princess cruise ship has lodged an appeal after she won her negligence case but walked away with only out-of-pocket expenses totaling $4,000.

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High Court overturns class action waiver finding in Ruby Princess case
Class Actions 2023-12-06 10:50 am By Cindy Cameronne

The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.

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ASIC can’t temporarily block payday lenders from charging fees
Financial Services 2023-11-16 9:54 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has lost its bid to temporarily restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 7,000 customers, with a judge finding an injunction could destroy their businesses.

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Carnival found negligent in class action over Ruby Princess COVID-19 outbreak
Class Actions 2023-10-25 10:37 am By Cindy Cameronne

A judge has found Carnival PLC liable for failing to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship that left 28 people dead, but only awarded the lead applicant $4,000 for out-of-pocket expenses rather than the $360,000 in damages she sought. 

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ASIC seeks urgent orders barring payday lenders from enforcing ‘harmful’ loan contracts
Financial Services 2023-10-11 4:00 pm By Cindy Cameronne

The Australian Securities and Investments Commission is seeking to restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 10,000 customers.

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PFAS class action judge OKs $132.7M settlement, $33M CFO
Class Actions 2023-08-25 10:38 pm By Cindy Cameronne

A judge has blessed a $132.7 million settlement and a $33 million common fund order in a class action over toxic firefighting foam, saying he was “not vexed” by whether he had power to grant the funder’s payout despite the Full Court having reserved on the contentious issue. 

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Useless to continue $400M underpayments class action against Tandem, judge says
Class Actions 2023-06-19 11:18 pm By Cat Fredenburgh

A judge has approved the discontinuance of an underpayments class action against Tandem, saying it would be “inutile” to press forward with the case after the telco contractor entered administration.

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Trial vacated in class action against Deloitte over Hastie audits
Trials 2023-05-30 2:57 pm By Christine Caulfield

Trial in a protracted class action against Deloitte over the collapse of construction group Hastie has been abandoned, signalling a settlement is in the works.

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