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MySuper class action back on track with appeals court victory
The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria's Supreme Court Act forbidding class actions involving trust property.
Opal Tower engineer wins bid to probe scope of insurers indemnity of Icon
The structural engineer behind Sydney's ill-fated Opal Tower can examine whether builder Icon Co has been indemnified for $31 million worth of damage which occurred in the 36-storey apartment block on Christmas Eve of 2018, a court has found.
Judge orders Employsure to pay $1M after ‘gagging’ at ACCC’s proposed sum
Specialist workplace relations consultancy Employsure has been ordered to pay a $1 million penalty over a series of misleading Google advertisements, a figure significantly lower than the $5 million sought by the Australian Competition and Consumer Commission.
IOOF to face expanded misconduct allegations in shareholder class action
A judge has given the green light to expanded misconduct allegations in a shareholder class action against IOOF, including claims of insider trading and front-running.
Judge ‘gags’ at ACCC’s proposed $5M penalty in Google ads case against Employsure
A judge said he “gagged” at the Australian Competition and Consumer Commission’s proposed $5 million pecuniary penalty in its case against specialist workplace relations company Employsure over six misleading Google ads.
Developer wins GST class action appeal despite misleading investors
A Canberra property developer that misled investors about GST on its apartments does not have to pay compensation to the lead applicant in a class action against it, an appeal court has found.
Trial in Ben Roberts-Smith’s defamation case delayed to 2022
A judge has adjourned trial in the defamation case by accused war criminal Ben Roberts-Smith to early 2022, saying relocation was not practical after COVID-19 restrictions prevented Fairfax’s witnesses travelling to Sydney.
High Court asked to weigh in on Queensland floods class action
The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in 'mega' litigation.
Ben Roberts-Smith fights ‘ridiculous’ bid to make medical records public as trial faces delay
Former SAS soldier Ben Roberts-Smith is fighting to shield medical records Fairfax says should be made public to “safeguard open justice”, as trial in his defamation case against the publisher faces further delay due to COVID-19 border restrictions.
Judge wrong to shut down MySuper class action, appeals court hears
A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.