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High Court overturns class action waiver finding in Ruby Princess case
Class Actions 2023-12-06 10:50 am By Cindy Cameronne

The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.

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Dick Smith CFO stuck with $57M judgment after High Court revokes special leave
Appeals 2023-12-06 4:54 pm By Christine Caulfield

Former Dick Smith CFO Michael Potts is on the hook for paying $57 million in damages to National Australia Bank after the High Court on Wednesday revoked its grant of special leave, finding he did not raise a legal question of public importance.

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High Court says real estate agency not liable for developer’s source code theft
Intellectual Property 2023-12-06 4:10 pm By Cindy Cameronne

The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.

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Supreme Court gets back up as NSW minister spruiks industrial tribunal
Courts 2023-12-01 11:44 pm By Christine Caulfield

In a rare public statement, the NSW Supreme Court has sought to correct what it says are inaccuracies in comments by the state industrial relations minister contrasting it unfavourably with a proposed new court dedicated to workplace disputes.

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Court OKs 30% GCO for law firm running hotel quarantine class action
Class Actions 2023-11-30 11:27 pm By Cat Fredenburgh

The firm behind a class action over Victoria’s COVID-19 hotel quarantine debacle has won a group costs order providing for a 30 per cent contingency fee, after promising it won’t ask for more down the road.

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‘A blight on our community’: Judge slams overly complex Corporations Act
Courts 2023-11-29 5:04 pm By Cindy Cameronne

A retiring Federal Court judge who served on the bench for almost two decades has railed against court fees “that no ordinary person can afford” and overly complex legislation, including the Corporations Act, which he called a “blight on our community”.

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Ex-ANZ unit hit with $5M penalty for fees-for-no-service conduct
Superannuation 2023-11-29 4:40 pm By Cat Fredenburgh

Former ANZ superannuation trustee OnePath Custodians has been hit with a $5 million penalty for charging superannuation members more than $4 million in fees that it was not entitled to.

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KPMG asks High Court again to hear class action transfer fight
Class Actions 2023-11-22 11:25 pm By Christine Caulfield

Accounting firm KPMG has asked the High Court for a second time to weigh in on the relevance of a contingency fee order made in a Victoria Supreme Court class action to its bid to transfer the case to NSW.

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High Court asked to take up judicial immunity appeal
Appeals 2023-11-22 4:07 pm By Cat Fredenburgh

The state of Queensland has urged the High Court to step in after a Federal Circuit and Family Court judge was held personally liable for a man’s false imprisonment.

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‘Very disappointing’: Judge bemoans delays in QSuper class action
Class Actions 2023-11-21 1:50 pm By Cindy Cameronne

A judge has reluctantly granted extensions in a class action over QSuper’s alleged failure to notify members of changes to its premiums, saying the delay in the two-year old case was “very disappointing”.

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