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Judge to appoint costs referee in $56.3M Colonial First class action settlement
Class Actions 2022-04-06 3:33 pm By Sam Matthews

Continuing a recent trend in class actions, a judge will appoint a referee to weigh in on Maurice Blackburn’s costs in a $56.3 million settlement in a class action against Colonial First State, but has so far declined to appoint a contradictor.

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High Court deals blow to trust beneficiaries in victory for ATO
Tax 2022-04-06 5:43 pm By Cindy Cameronne

The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.

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High Court awards Paralympian $6.75M for fall in campdrafting competition
High Court 2022-04-06 5:21 pm By Sam Matthews

The High Court has ordered a sports association to pay $6.75 million to a woman who suffered a serious spinal injury after falling during a campdrafting competition in Ellerston, New South Wales, overturning an appeals court decision that cleared the association of negligence.

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Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Allens 2022-04-06 5:29 pm By Sam Matthews

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.

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Morrison cleared to call election after failure of challenge to Liberal pre-selections
Politics 2022-04-05 10:44 pm By Christine Caulfield

A court has dismissed a challenge by a Liberal Party member to a decision by prime minister Scott Morrison and two other members of the federal executive to endorse incumbents to contest seats in NSW at the upcoming election, a ruling that paves the way for the PM to name the date.

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Judge takes ‘wait and see’ approach to trial in Epic cases against Apple, Google
Competition & Consumer Protection 2022-04-05 2:49 pm By Miklos Bolza

A judge has held off selecting from a “basket of imponderables” in determining how he will hear two competition lawsuits by Epic Games against Apple and Google over the removal of the popular multiplayer game Fortnite from the tech giants’ online stores.

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‘Bad luck’: Judge denies penniless Captain Cook College’s appeal delay bid
Competition & Consumer Protection 2022-04-05 8:59 pm By Sam Matthews

A judge has rejected an application by training provider Captain Cook College to postpone the hearing of its appeal in a case won by the ACCC, saying the company’s inability to fund the appeal was “largely a problem of [its] own making.”

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$98M 7-Eleven class action settlement approved but costs, commission hang in the balance
Class Actions 2022-04-04 12:40 pm By Miklos Bolza

A judge has signed off on a $98 million settlement in two franchisee class actions against 7-Eleven, but has yet to reach a decision on $19.6 million in legal costs and a $25 million funding commission, which a court-appointed contradictor has urged him to reject.

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Tokio Marine goes on the offensive, accuses Greensill of fraud
Restructuring & Insolvency 2022-04-04 10:15 pm By Cat Fredenburgh

Collapsed supply chain finance company Greensill Capital has been accused of fraudulently obtaining policies from its largest insurer, Japan-based Tokio Marine, which has been dragged into four lawsuits over a trade credit policy issued in 2019.

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J&J won’t contest follow-on pelvic mesh class action
Product Liability 2022-04-04 5:15 pm By Cat Fredenburgh

An additional 1,200 women who were implanted with defective pelvic mesh devices will be eligible for compensation after Johnson & Johnson unit Ethicon agreed that findings in an earlier class action which it unsuccessfully fought all the way to the High Court should apply to a follow-on class action.

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