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Optus loses second bid to shield Deloitte report from class action
Class Actions 2024-05-27 11:23 am By Sam Matthews

Optus has lost its appeal of a decision that found the telco could not claim legal professional privilege over a Deloitte report into a major data breach, with an appeals court highlighting the lack of evidence from former CEO Kelly Bayer Rosmarin.

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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons. 

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SMSF auditors stung by class action say Melissa Caddick’s clients have themselves to blame
Superannuation 2024-05-24 11:44 pm By Sam Matthews

The auditors of self-managed superannuation funds that clients of Melissa Caddick invested with the Sydney fraudster and her company Maliver have hit back at class action claims, saying the clients have themselves to blame for handing over “direct control” of their funds.

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Toyota class action loses bid for emissions cheat source code
Class Actions 2024-05-24 10:59 pm By Cindy Cameronne

A class action against Toyota alleging it installed diesel defeat devices in several models of its vehicles has lost a bid to access source code for the cars’ emissions control systems, with a judge finding it was not relevant to any current fact in issue. 

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Aveo class action firm has arguable case on appeal over fee slashing, judge says
Appeals 2024-05-24 2:03 pm By Christine Caulfield

A judge has granted leave to law firm Levitt Robinson to challenge a ruling cutting $1.14 million of its fees from a settled class action against retirement home operator Aveo, finding the appeal was sufficiently arguable.

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Class action against Qoin issuer flags tweaks to case after ASIC win
Cryptocurrency 2024-05-24 1:12 am By Cindy Cameronne

A class action against BPS Financial may abandon some claims after a judge found in a separate case brought by the Australian Securities and Investments Commission that the Qoin cryptocurrency issuer made false and misleading claims about its product.

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Medibank board engaged KWM, Deloitte for review after class action rumours, court told
Class Actions 2024-05-23 11:35 pm By Cindy Cameronne

The chair of the Medibank board has given evidence that he engaged King & Wood Mallesons to commission expert reviews in the wake of a cyberattack, including three reports by Deloitte, after hearing rumours of class action investigations in October 2022. 

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Law firm claims right of appeal against $1M cut to fees in Aveo class action
Class Actions 2024-05-23 3:32 pm By Christine Caulfield

Seeking leave to challenge a decision that shaved $1.14 million from its costs in running a class action against Aveo, Levitt Robinson has argued the firm would have enjoyed a right of appeal if it had been joined to the case as it ought to have been.

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Optus taken to court by ACMA over massive data breach
Privacy & Cybersecurity 2024-05-22 11:35 pm By Cat Fredenburgh

The Australian Communications and Media Authority has brought proceedings against Optus over a September 2022 data breach that comprised the data of up to 10 million customers, the first lawsuit filed by a regulator following a string of major cyberattacks over the past two years.

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Equity = equal: Western Power, Ventia must pay same in Parkerville bushfire costs, court says
Energy & Natural Resources 2024-05-22 11:12 pm By Christine Caulfield

Equitable contribution by Western Power, Ventia and a property owner found jointly liable for the same loss resulting from the Parkerville bushfire in WA must be mathematically equal regardless of how the liability was apportioned, a judge has found.

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