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Westpac class action settlement gets OK, but funder won’t recoup all ATE insurance
Financial Services 2023-11-13 11:33 pm By Christine Caulfield

A $29.95 million settlement resolving a superannuation class action against two Westpac units has won court approval. The judge overseeing the case has also indicated he will OK the litigation funder’s commission but only some of its after-the-event insurance premium.

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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Combustible cladding class action wins ‘fresh start’ with new mediator
Class Actions 2023-11-13 1:43 pm By Cat Fredenburgh

A judge has granted a bid for a new mediator in a class action over allegedly combustible cladding, agreeing with the applicant that a “fresh start” may be beneficial.

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Grocon’s system for identifying privileged docs ‘far from reliable’: judge
Construction 2023-11-13 8:03 am By Sam Matthews

Grocon has taken another hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its claim of privilege over more than 15,000 documents.

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Optus’ claim of privilege over Deloitte report ‘not sustainable’, judge says
Privacy & Cybersecurity 2023-11-10 3:44 pm By Christine Caulfield

Optus has lost its fight to keep a class action from accessing an independent report by consulting giant Deloitte into last year’s major data breach.

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ANZ faces shareholder litigation over climate risk management
Financial Services 2023-11-10 2:07 pm By Christine Caulfield

ANZ is facing proceedings by a shareholder who wants the bank to turn over documents related to its risk management systems in response to concerns it is increasing loans to fossil fuel companies and failing to properly address climate change risks.

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Class action firm may seek compensation for unlawful immigration detention
Human Rights 2023-11-10 9:05 pm By Cat Fredenburgh

A leading class action firm may seek compensation for those who were illegally detained after the High Court ruled that Australia’s system of holding individuals indefinitely in immigration detention is unlawful.

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Tribunal clarifies law on appointment of managers to legal practices
Business of Law 2023-11-10 1:01 pm By Sam Matthews

A tribunal in Western Australia has clarified the law surrounding the appointment of managers to legal practices, finding that more than one manager can be appointed at the same time. In a decision handed down on Monday, the State Administrative Tribunal of Western Australia dismissed applicant Len Gandini’s application to stay the WA Legal Practice…

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India may take ruling over foreign state immunity waiver to High Court
Arbitration 2023-11-10 11:03 am By Sam Matthews

The government of India has flagged a possible special leave application if it loses its appeal of a decision finding it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites because it waived its foreign state immunity.

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High Court to hear institutional abuse case against Queensland
High Court 2023-11-09 11:07 pm By Christine Caulfield

The High Court has granted special leave to a First Nations woman in her case for damages against Queensland stemming from alleged abuse in state care 60 years ago.

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