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Clive Palmer’s injunction bid premature in $30B spat over Pilbara iron ore mine, court says
Energy & Natural Resources 2022-09-28 11:19 pm By Sam Matthews

A judge overseeing mining magnate Clive Palmer’s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmer’s companies Mineralogy and International Minerals under the controversial ‘Palmer Act’.

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Franchisees in class action against Hog’s Breath Cafe lose appeal of $1.2M security order
Class Actions 2022-09-26 11:39 pm By Christine Caulfield

A potentially stultifying order for $1.23 million in security for costs in a class action against the Hog’s Breath Cafe restaurant chain has survived a challenge by the franchisees.

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PFAS class action judge questions enforceability of ‘restrictive’ witness undertaking
Class Actions 2022-09-05 10:22 pm By Cindy Cameronne

A judge has questioned how the government can enforce a “restrictive” undertaking with a former member of the Australian Defence Force who will give key evidence in a class action alleging the Commonwealth contaminated Indigenous land with toxic firefighting foam.

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Class action funder must indemnify Virgin despite ‘nonsensical’ agreement
Class Actions 2022-09-02 10:14 pm By Cindy Cameronne

A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.

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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
Insurance 2022-08-31 11:30 pm By Christine Caulfield

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

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Onus on franchisor to prove $1.2M security would not kill class action, Full Court told
Class Actions 2022-08-22 11:57 pm By Christine Caulfield

Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog’s Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.

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Forum Finance judge recuses himself after questioning director’s credibility
Legal Ethics 2022-08-19 9:51 pm By Cindy Cameronne

A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an “unfavourable” impression of director Vince Tesoriero’s reliability as a witness.

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‘Concerned’ judge wants answers from AMP on remediation program
Financial Services 2022-08-19 11:05 pm By Cindy Cameronne

A judge has raised concerns that AMP Financial Planning has not compensated customers for allegedly failing to prevent life insurance churning, directing the firm to explain the “vanishingly small” number of people who have been remediated.

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GetSwift shareholder class action settlement has ‘collapsed’, judge says
Class Actions 2022-08-17 1:12 pm By Cindy Cameronne

A judge overseeing a shareholder class action against GetSwift has said the settlement and company itself have “collapsed” after the logistics business went into liquidation and failed to make the last of the upfront payments due under the deal’s $1.5 million cash component.

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Palmer to pay McGowan’s costs of defamation row after ignoring settlement offer
Defamation 2022-08-11 11:44 pm By Cindy Cameronne

WA premier Mark McGowan has won the legal costs of running his defamation cross-claim against businessman Clive Palmer after a judge learned McGowan made a walk-away settlement offer in December last year.

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