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Judge lets two Boral class actions run, but warns about potential lawyer conflicts
Class Actions 2021-07-21 11:59 pm By Cat Fredenburgh

A judge has denied a law firm’s bid to stay a rival’s closed shareholder class action against construction giant Boral but warned courts must be alive to the potential for conflicts where lawyers stand to reap “very significant financial awards” from class action proceedings.

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‘The gullible are not disentitled to protection’: Lawyer loses sports betting class action appeal
Class Actions 2021-07-21 7:00 pm By Cindy Cameronne

Sydney lawyer Leigh Johnson has lost her appeal in a class action launched by investors who allegedly sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster.

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QBE wins appeal in Opal Tower coverage row with Icon, but no success for Liberty
Insurance 2021-07-21 6:04 pm By Miklos Bolza

The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.

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Despite ‘serious misjudgments’ Levitt Robinson head dodges personal costs
Franchises 2021-07-21 2:23 pm By Miklos Bolza

The head of law firm Levitt Robinson has avoided being personally hit with costs in a franchisee’s lawsuit against failed restaurant chain Fogo Brazilia, despite a judge finding he made “serious misjudgments” in his handling of the case.

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Firm to remove surveys from website in On The Run class action
Class Actions 2021-07-20 5:46 pm By Cindy Cameronne

A judge has ordered that class action firm Adero Law take down surveys from its website allegedly aimed at collecting registration data from group members in an underpayment class action against convenience store chain On The Run.

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Law firms resolve multiplicity issue in Boston Scientific pelvic mesh class actions
Class Actions 2021-07-20 5:23 pm By Miklos Bolza

A Sydney law firm that brought a class action against Boston Scientific over allegedly defective pelvic mesh products has agreed to stay its case while a class action by Shine Lawyers moves ahead.

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Full Court may decide critical question in superannuation class actions
Class Actions 2021-07-20 4:45 pm By Miklos Bolza

The lead applicant in a Maurice Blackburn-led class action against superannuation provider Colonial First State wants the Full Court to determine whether group members still have valid claims, after a judgment from the Victoria Supreme Court shut down a similar class action last year.

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Government challenges ‘incoherent’ duty of care in climate change class action appeal
Appeals 2021-07-20 4:44 pm By Miklos Bolza

The Commonwealth says a landmark ruling in a class action that found it has a duty of care to protect Australian children from the effects of global warming is “incoherent” and distorts its ability to balance competing interests.

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Judge questions ‘extraordinarily large’ legal fees in $30M Westpac class action settlement
Class Actions 2021-07-16 8:58 pm By Miklos Bolza

A judge has questioned the legal disbursements sought to be approved in a $30 million class action settlement against Westpac over allegedly excessive life insurance premiums, particularly the “extraordinarily large” barrister fees charged in the case.

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Lawyers for combustible cladding class action can search Fairview’s offices after discovery failure
Class Actions 2021-07-16 6:06 pm By Cindy Cameronne

Cladding manufacturer Fairview Architectural must allow the group members in a class action over allegedly combustible cladding products to search the company’s offices and access electronically stored information to carry out discovery, a judge has ruled.

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