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Judges should have no say in coal mine approvals, Morrison government says in class action appeal
Climate change 2021-10-18 9:07 pm By Miklos Bolza

Approving coal mine projects is not the business of courts, the Morrison government has argued in its challenge to a landmark class action judgment that found it had a duty of care to protect Australian children from the effects of climate change.

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Lawyer who helped expose Banksia scandal questions reliance on self-regulation
Class Actions 2021-10-15 9:32 pm By Christine Caulfield

The solicitor behind the successful challenge to the claim for ill-gotten spoils by the Banksia Securities class action legal team says he draws little comfort from the conclusion by the judge who strongly condemned the misconduct that the legal system is capable of regulating itself. More needs to be done to root out the systemic causes of the arrogance on display in the case, he says.

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Settlement talks fail in Pitcher Partners, Arnold Bloch Leibler class actions
Class Actions 2021-10-15 4:05 pm By Miklos Bolza

Two class actions against Pitcher Partners and Arnold Bloch Leibler over advice given ahead of Slater & Gordon’s disastrous $1.2 billion Quindell acquisition will proceed to trial next month after mediation between the parties failed to resolve the cases.

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Banksia class action judgment shows force of Vic’s overarching obligations
Legal Ethics 2021-10-14 10:44 pm By Editor

This week’s judgment referring the conduct of lawyers behind the Banksia class action to prosecutors shows the effectiveness of unique legislative provisions in Victoria that should serve as a blueprint for federal reform, says barrister and University of New South Wales adjunct professor Dr Peter Cashman.

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Claims trimmed in COVID-19 public housing class action
Class Actions 2021-10-13 1:33 pm By Cindy Cameronne

A class action over a public housing lockdown during Melbourne’s second COVID-19 wave in July last year is seeking to discontinue battery and negligence claims against the Victorian government, a court has heard.

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Murray Darling Basin Authority fails again to limit class action liability
Appeals 2021-10-12 12:45 pm By Miklos Bolza

The Murray Darling Basin Authority can’t rely on defences claiming it is a “public or other authority” to limit the liability of a class action brought over alleged negligent water management, an appeals court has found.

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Class action against On The Run wants to drop claims by trainees
Class Actions 2021-10-12 3:18 pm By Miklos Bolza

Class action claims brought by trainees against convenience store chain On The Run may be discontinued because of high costs and lack of commonality if an application before the Federal Court is successful.

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‘Arrogant’ barristers in Banksia class action struck off roll, face criminal probe
Legal Ethics 2021-10-11 5:00 pm By Christine Caulfield

Lawyers running the scandal-ridden Banksia class action have been struck from the roll of practitioners, will face criminal investigation and must pay group members $11.7 million in damages.

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Judge warns AMP it could face 1.2M lawsuits if declassing bid succeeds
Class Actions 2021-10-11 10:07 pm By Cindy Cameronne

AMP and a number of its financial planning subsidiaries could face 1.2 million individual claims if they win a bid to declass a group proceeding over allegedly excessive insurance premiums, a judge has said.

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Lawyers in Crown Resorts class action fully vaxxed and ready for in-person trial
Class Actions 2021-10-11 10:36 pm By Miklos Bolza

A six-week trial in a shareholder class action against Crown Resorts set to begin at the end of October will start off virtually and shift to an in-person hearing once COVID-19 restrictions are eased in Victoria.

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