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As the no win, no fee model comes out on top in another high profile class action beauty contest, legal experts say third-party litigation funders will need to evolve and “fight back” to stay competitive.
Lawyer’s meeting notes don’t belong to client, HWL Ebsworth tells court
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A junior solicitor’s meeting notes during an ASIC investigation of ANZ did not belong to her client despite the lawyer billing for her attendance at the meeting, law firm HWL Ebsworth has argued before a skeptical judge.
Herbert Smith Freehills lawyer appointed new head of ASIC
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A Herbert Smith Freehills lawyer and former Deutsche Bank general counsel who previously led ASIC’s litigation and enforcement team has been appointed to replace the corporate regulator’s outgoing chair James Shipton.
Group size trimmed in aged care class actions over COVID-19 outbreaks
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Staff members who worked for two Melbourne aged care providers will be removed as group members in class actions accusing the homes of negligently handling the coronavirus pandemic.
WA premier chips away at Clive Palmer’s defence in border closure defamation case
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A judge has partially struck out mining magnate Clive Palmer’s defence to WA Premier Mark McGowan’s defamation claim over statements which allegedly accused the premier of corruption, abusing his position and lying about the decision to close the state’s borders at the height of the COVID-19 pandemic last year.
Judge puts class action lawyers on notice to reduce costs with junior barristers
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A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.
CBA warns of ‘danger’ in using app to alert customers to $7M penalty
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The Commonwealth Bank of Australia is resisting a novel proposal by ASIC to use its CommBank app to notify 6.3 million customers of a $7 million fine against it for overcharging interest, saying the move would pose a “significant risk” to the public.
Mediation success rates have ‘plummeted’ in COVID era, judge says
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A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.
ACCC threatens regulation to rein in tech giants’ app store dominance
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The Australian Competition and Consumer Commission has called on Apple and Google to seize a “window of opportunity” to address the regulator’s concerns about their significant power in the app marketplace or face possible regulation.
Morrison government hit with Stolen Generations class action over child removals
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The federal government has been hit with a class action on behalf of up to 6,000 Indigenous Australians seeking compensation for their forcible removal from their families in the Northern Territory from 1910 to the 1970s.