Not ‘plainly wrong’: NSW appeals court sticks to guns on class closure

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The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”. 

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Victoria Solicitor-General Rowena Orr appointed to appeals court

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Senior counsel for the banking royal commission Rowena Orr KC has been appointed as a judge on Victoria’s Court of Appeal, with class action silk Alistair Pound appointed to fill her shoes as the state’s solicitor-general.

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Latecomer class action to take first swing at Mercedes-Benz

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The plaintiffs in two competing class actions against Mercedes-Benz over alleged defeat devices designed to cheat regulatory emissions tests have agreed to temporarily stay the first-filed proceeding so that one filed over a year later can go ahead, a court has heard. 

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Court OKs BHP’s coal mine extension, accepts ruling will ‘dismay’ climate change activists

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A court has given the green light to BHP’s bid to extend a Queensland coal mine over the objections of an environmental lobby group, saying the court’s acceptance of climate change did not mean it would reject all applications for fossil fuel projects.

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FWC rejects WFH request, says Bendigo Bank worker ‘only concerned about himself’

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The Fair Work Commission has ordered a Bendigo Bank worker to come into the office two days a week, saying he was “only concerned about himself” in seeking to work from home full time.

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Sydney lawyer’s defamation claims don’t pass serious harm test, appeals court finds

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The Full Court has clarified that a prior bad reputation is relevant to determining whether a defamation plaintiff has suffered serious harm, tossing an appeal by a Sydney lawyer who lost her case over an article related to her conviction for an alleged $16,000 scam at David Jones, which was later overturned.

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Stockbroker ordered to pay $1M in ASIC market-rigging case

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Sydney stockbroker Adam Blumenthal has been ordered to pay close to $1 million after admitting to market rigging and breaching his duties as director of two companies — including by arranging a $7 million loan to ‘ASX Wolf’ Tyson Scholz.

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In Lerhmann ruling, Justice Lee gave a masterclass in judicial decision-making

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At some point during the two hours Justice Michael Lee held court on Monday, 45,000 viewers were tuned in to the livestream. What they witnessed as he pronounced judgment against Bruce Lehrmann was arguably the vindication of Network Ten and some measure of justice for Brittany Higgins, but not only that. What they saw was a judge at the top of his game.

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Surgeons to pay $25M to settle breast implants class action

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A group of surgeons who worked for The Cosmetic Institute are set to pay $25 million to settle a class action brought on behalf of 13,500 patients who claim they were injured by botched breast augmentation surgery.

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