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Government ordered to do ‘root and branch review’ of PFAS class action defence
Class Actions 2021-05-28 11:38 pm By Cat Fredenburgh

A judge has ordered the federal government to file an amended defence in one of two class actions over its use of allegedly toxic firefighting foam on military bases, after being accused of lodging a deficient pleading.

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BHP tells Full Court class action regime only for Australian residents
Class Actions 2021-05-21 11:41 pm By Miklos Bolza

Global resources giant BHP Group has asked the Full Court to rule foreign investors should be excluded from a shareholder class action over the 2015 Fundao dam disaster, arguing the class action regime only applies to those in Australia.

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Class actions against Freedom Foods, Deloitte line up for second beauty parade since High Court nod
Class Actions 2021-05-20 10:48 pm By Miklos Bolza

The stage is set for a beauty parade of two shareholder class actions against Freedom Foods and Deloitte, and the judge overseeing the cases has embraced the recommendation of the High Court to appoint an independent barrister to represent group members in the contest.

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ASIC should spell out ‘serious’ insider trading allegations, Westpac tells court
Financial Services 2021-05-19 4:07 pm By Cindy Cameronne

Westpac has argued that ASIC should flesh out its case accusing the banking giant of insider trading before the $16 billion privatisation of electricity provider Ausgrid, saying the regulator has not explained the nature of the alleged inside information.

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Quintis class action settlement to drag on with insurers’ appeal
Appeals 2021-05-10 5:03 pm By Cat Fredenburgh

Two insurers have appealed a ruling that could provide a further $11.25 million to group members in a class action against sandalwood producer Quintis, further delaying finalisation of a settlement reached in the group proceeding over a year ago.

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Judge slams Monsanto’s ‘highly unsatisfactory’ behaviour in Roundup class action
Class Actions 2021-05-10 4:27 pm By Miklos Bolza

A judge has criticised agricultural giant Monsanto for its “highly unsatisfactory” conduct in ignoring court orders in a class action over its allegedly cancer-causing Roundup pesticides.

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Judge mulling $38.4M Estia settlement hears class closure rulings ‘plainly wrong’
Class Actions 2021-05-04 2:49 pm By Miklos Bolza

A judge weighing a $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been told that two NSW Court of Appeal judgments barring class closure were “plainly wrong”, but in deciding whether to lock group members out of the settlement the judge says he won’t need to grapple with the landmark rulings.

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Judge puts class action lawyers on notice to reduce costs with junior barristers
Class Actions 2021-04-28 3:02 pm By Miklos Bolza

A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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CBA warns of ‘danger’ in using app to alert customers to $7M penalty
Financial Services 2021-04-28 2:31 pm By Miklos Bolza

The Commonwealth Bank of Australia is resisting a novel proposal by ASIC to use its CommBank app to notify 6.3 million customers of a $7 million fine against it for overcharging interest, saying the move would pose a “significant risk” to the public.

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Mediation success rates have ‘plummeted’ in COVID era, judge says
Financial Services 2021-04-28 2:14 pm By Miklos Bolza

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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