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Lawyerly will be closed from December 24 until January 10.
Judge shoots down ‘audacious’ McMillan Shakespeare claim for surplus class action funds
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A judge has rejected an “audacious” attempt by McMillan Shakespeare to recoup a surplus of funds left over after a $9.5 million class action settlement was distributed to registered group members.
Barrister who sexually harassed clerk has suffered enough, appeals court says
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The New South Wales Bar Association has lost an appeal seeking a financial penalty and a professional reprimand against a Sydney barrister for his “poorly judged, vulgar and inappropriate” behaviour, with an appeals court finding damage to his reputation and a hike in his insurance premium dwarfed any punishment it could dole out.
Mayfair slapped with $30M fine after judge finds ASIC penalty ‘insufficient’
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Beleaguered investment group Mayfair 101 will have to pay a $30 million penalty after a judge found a $12 million penalty proposed by ASIC was “insufficient”.
In class action appeal, Ford says it’s not on hook for damages for fixed cars
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Ford has challenged its loss in a class action over its allegedly defective PowerShift transmissions, arguing group members who have had their cars repaired are not entitled to damages.
Insurer Vero may be dragged into combustible cladding class action
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The applicant in a class action against Fairview Architectural over allegedly combustible cladding is add insurer Vero Insurance as a respondent, after revealing the cladding manufacturer may have $190 million in insurance to cover the class action’s claims.
Minimum returns to group members a ‘wolf in sheep’s clothing’, funder tells Senate
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A litigation funder has told a Senate committee that class action reforms that purport to protect group members by guaranteeing them at least 70 per cent of litigation proceeds is a “wolf in sheep’s clothing” that will make it harder to bring claims.
Biogen wins discovery for potential IP lawsuit against Sandoz
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Swiss pharmaceutical company Biogen has won discovery of documents sent from Sandoz to the Therapeutic Goods Administration, as it weighs a third patent infringement lawsuit to protect its multiple sclerosis drug against generic reproductions.
MySuper class action back on track with appeals court victory
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The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.
No obligation to disclose climate change risks, gov’t says in sovereign bonds class action
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The Morrison government has denied that it has any obligation to disclose climate change risks to investors of its sovereign bonds as it defends a world first class action alleging global warming is a material risk to the bond market.