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Icon seeks to recoup Opal Tower losses in latest class action cross-claim
Class Actions 2020-04-02 4:54 pm By Miklos Bolza

Construction giant Icon has filed a cross-claim against the prefab concrete company behind the ill-fated Opal Tower, seeking to recover at least part of almost $28 million in losses spent after cracks in the building caused residents to evacuate in 2018.

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Barristers to robe up at home for trial by videochat in ACCC case against Kogan
Competition & Consumer Protection 2020-04-01 11:44 am By Miklos Bolza

Barristers for the ACCC and online retailer Kogan have been asked to robe up at home as the previously in-person trial shifts to videochat in response to the COVID-19 health crisis.

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COVID-19 pandemic no excuse to delay $2.5B Icthys LNG case, judges say
Energy & Natural Resources 2020-03-31 3:25 pm By Alison Eveleigh

An appeals court has found that parties forced to conduct hearings via telephone or video conference in the wake of the COVID-19 pandemic are not disadvantaged by the new arrangements, refusing to delay the appeal of a $2.5 billion contractual dispute concerning the Ichthys gas project in the Northern Territory until the parties can appear in person before the court.

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Canberra developers settle apartment owners’ class action over $6.3M in GST
Class Actions 2020-03-30 1:04 pm By Cat Fredenburgh

The developers behind the Governor Place residential complex in Canberra have reached a settlement in a class action by aparment owners seeking $6.3 million in GST payments on their units.

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Online trial planned in Opal Tower builder’s case against insurers
Construction 2020-03-26 10:41 pm By Christine Caulfield

The Federal Court is pushing ahead with an expedited trial in Icon Co’s case against Liberty Mutual Insurance and QBE over the Opal Tower disaster, just one month after originally scheduled, and it’s going online to do it.

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Judge to approve $127M VW class action settlement, but 25% uplift may be axed
Class Actions 2020-03-26 9:08 pm By Alison Eveleigh

After almost five years of litigation, a Federal Court judge said he will approve a $127.1 million settlement of five class actions against Volkswagen over the diesel emissions scandal, but appeared unwilling to sign off on a 25 per cent uplift in fees sought by one of the plaintiffs firms.

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Judge says funder can’t have cut of Banksia receivers $5.5M settlement with insurer
Class Actions 2020-03-26 3:01 pm By Christine Caulfield

The litigation funder controlled by recently deceased class action lawyer Mark Elliott has lost its bid for a 12.5 per cent commission of a $5.5 million settlement secured by the special purpose receivers of Banksia Securities in its claim against the collapsed firm’s former insurance broker.

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Mark Elliott’s Blackberry found, judge orders search of phone for evidence in Banksia class action
Class Actions 2020-03-26 1:57 pm By Christine Caulfield

The hunt for the missing Blackberry of deceased class action lawyer and funder Mark Elliott is over, and the located phone will now be examined by IT experts to see if it can be searched for potential evidence to be used as part of an investigation of  alleged professional misconduct by the legal team behind a class action against failed Banksia Securities.

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Rinehart family ordered into mediation in long-running feud over $4B trust
Energy & Natural Resources 2020-03-25 4:46 pm By Miklos Bolza

A judge has ordered the Rinehart family to enter mediation in their feud over a $4 billion trust, saying it was “overwhelmingly in the interests of the administration of justice” to seek an end to the long-running and bitter dispute.

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Court to determine Sony Playstation penalty without hearing
Competition & Consumer Protection 2020-03-25 12:15 pm By Cat Fredenburgh

A hearing has been vacated in ACCC proceedings brought against Sony alleging it misled gamers who purchased faulty PlayStation games, with any penalty the entertainment company should face to be decided by the court on written submissions alone as it seeks to avoid in-person hearings.

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