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A former top judge appointed to decide the first-ever contest to administer a class action settlement has set out his criteria for making the choice, and has warned that giving the firm running a case a monopoly right to dole out the proceeds could lead to higher costs for group members and poorer settlement outcomes.
A judge has ordered ANZ to pay a $15 million agreed penalty in a case over more than $10 million in cash advance fees charged to the credit card accounts of hundreds of thousands of customers.
Grocon has taken a hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge finding the developer’s CEO waived privilege over legal advice it received on the sight line rights of Lendlease and Crown.
A judge has expressed his preliminary view that cases brought in Queensland cannot be thrown out where the costs of the claims are disproportionate to their importance, allowing a defamation case by entrepreneur Robert McVicker against the ABC to proceed.
Wealth management firm Findex can add new claims for damages in its long-running dispute with a former financial advisor who allegedly sent disparaging emails to clients and investors and brought his own claim in trespass after the company seized documents from his residence.
A judge has ordered National Australia Bank to pay just one-fifth the $10 million penalty proposed by ASIC for overcharging customer fees, taking aim at the regulator's concise pleading and saying the maximum penalty he could order was “woefully inadequate”.
A judge has approved a common fund order awarding $6.88 million to the funder behind a class action against Fonterra that settled for $25 million, opting not to wait for a much-anticipated appeals court ruling on the power to make CFOs at settlement.
Clayton Utz has lost its appeal of a costs assessment in a contractual dispute for which it billed $1.46 million in legal fees, allegedly five times more than the other parties’ legal bill.
The publishers of The Australian and Al Jazeera have failed to persuade a judge to hold a preliminary hearing on the question of whether the nephew of the former prime minister of Cambodia suffered serious harm as a result of publications he says painted him as a criminal.
Victims of privacy breaches must demonstrate actual loss and damage to be eligible for compensation, according to a judge who has given asylum seekers who secured a ruling from the Privacy Commissioner a second chance at proving loss from the public disclosure of their personal information.