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Whitehaven coal mine extension illogical amid ‘deadly’ climate crisis, court told
Energy & Natural Resources 2023-02-15 1:43 pm By Cindy Cameronne

The NSW Independent Planning Commission’s decision to approve an extension for Whitehaven’s Narrabi coal mine was “legally illogical” amid current knowledge of the “extraordinary and deadly” impact of climate change, a court has heard.

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Magistrate’s refusal to allow note-taking in courtroom showed possible bias, judge finds
Courts 2023-02-15 1:46 am By Sam Matthews

A local court magistrate showed apprehended bias by not allowing a self-represented plaintiff to take notes during cross-examination, a judge has found.

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Pitcher Partners loses bid to stay suit over Zap Fitness buy-back
Financial Services 2023-02-15 2:40 pm By Sam Matthews

Pitcher Partners has failed to stay a Federal Court suit alleging the accounting firm failed to properly advise former Zap Fitness owner Bective Enterprises on a troubled share buy-back scheme, in light of a Supreme Court bid by another key player to shut the case down.

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Sydney Flames wins fast-tracked hearing in Shane Heal’s adverse action suit
Employment 2023-02-15 4:28 pm By Sam Matthews

The Sydney Flames has secured an expedited hearing in a Fair Work case filed by basketball great and former head coach Shane Heal.

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7-Eleven class action judge says CFOs never available, slashes funder’s payout
7-Eleven 2023-02-14 10:30 am By Cindy Cameronne

The High Court killed off all common fund orders, not just the kind sought at the start of a class action, a judge has said as he cut in half the payout for a litigation funder bankrolling two franchisee class actions against 7-Eleven.

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Law firm’s $16.6M payday OK’d over 7-Eleven class action contradictor’s protests
Class Actions 2023-02-14 11:55 pm By Cindy Cameronne

A judge has blessed a law firm’s $16.6 million legal bill for running two franchisee class actions against 7-Eleven despite a contradictor’s argument that it had a “troubling” practice of deferring its fees to benefit the funder that bankrolled the cases. 

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KPMG class action applicants might bring CFO question to a head
Class Actions 2023-02-14 4:54 pm By Christine Caulfield

The applicants in a shareholder class action against KPMG and former directors of defunct mining company CuDeco might press for clarity on the question of common fund orders in light of a ruling Tuesday morning that further split the Federal Court on the issue.

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Novel ‘solicitors’ CFO to be sought in Blue Sky class actions
Class Actions 2023-02-14 5:34 pm By Sam Matthews

The applicants in a consolidated investor class action against Blue Sky Alternative Investments and auditor EY will be applying for a so-called solicitors common fund order, and will move to transfer the case to the contingency-fee friendly Victoria Supreme Court if the groundbreaking application fails.

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‘Distinctly bizarre’: Costs, commission send lead applicant packing in oil spill class action
Class Actions 2023-02-14 10:40 pm By Sam Matthews

The law firm running the Montara oil spill class action, which has settled for $192.5 million, is looking for a new lead applicant after the first one defected over concerns group members would lose half the settlement amount to legal costs and a funding commission.

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‘Journalism under attack’: Nine to deploy public interest defence in surgeon’s defamation case
Defamation 2023-02-14 11:31 pm By Christine Caulfield

Facing defamation claims by well-known surgeon Dr Munjed Al Muderis, Nine will call at least 27 witnesses and argue for the public interest of its coverage of allegations by patients of inadequate post-surgery care, a court has heard.

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