Class action settlements that came under fire in 2022

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Courts stepped up their scrutiny of class action settlements in 2022, with judges grappling with difficult issues such as funding commissions in employment cases and whether settlements, even those worth hundreds of millions of dollars, were fair to group members.

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Jacqui Lambie staffers hit with $100,000 in costs for ‘trial by media’

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Two former staffers of senator Jacqui Lambie who represented themselves in an unsuccessful unfair dismissal case have been hit with nearly $50,000 in legal costs each due to their “unreasonable conduct” in the case, including attempts to turn the proceeding into “a trial by media.”

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Mesoblast looks to exclude some investors from shareholder class action

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Regenerative medicine company Mesoblast has hit back at a shareholder class action over its Remestemcel-L treatment for COVID-19, saying that some group members are barred from bringing claims because of a settlement reached in a US class action.

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Judge knocks back painter’s defamation case over ‘unflattering’ Google review

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In one of the first cases to test a new ‘serious harm’ threshold for defamation matters, a judge has knocked back a NSW house painter’s defamation case over a one star Google review, saying that people would consider “unflattering” business reviews to be expressions of personal opinion. 

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Optus to bring fraud counterclaim in $100M TeleChoice suit

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Optus has won more time to bring a counterclaim in a $100 million lawsuit by mobile retailer TeleChoice alleging it was misled when the telecommunications giant claimed it would earn the same revenue as in an agreement that was being negotiated with Telstra.

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Financial planner pleads guilty to dishonesty on eve of criminal trial

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Melbourne stockbroker Bradley Grimm has pleaded guilty to charges of dishonesty following an investigation alleging Grimm — whose wife is a former ASIC employee — fleeced funds from clients.

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Wotton + Kearney nabs MinterEllison partner to lead new Adelaide office

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Insurance law firm Wotton + Kearney has lured a MinterEllison partner and her team to its recently established Adelaide office, as well as a special counsel from Barry.Nillson.

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Carwoola bushfire class action claims exempt under insurance policy: appeals court

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An appeals court has upheld a finding that an unsuccessful class action over the Carwoola bushfire was not entitled to recovery from the insurers of the plumbing company that sparked the blaze.

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Sleeping Virgin flight attendant’s dismissal not unfair, FWC finds

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A full bench of the Fair Work Commission has overturned a ruling that a Virgin Australia flight attendant was unfairly sacked, finding she breached the airline’s policies by sleeping on the job and stashing snacks in her crew bag.

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