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News and Insights
INSIGHTS
Articles
Articles
2
Aug
2023
Public Interest Costs Orders In Federal Class Actions: Time For A New Approach
Australia’s oldest and most important class action regime, which has been regulated since March 1992 by pt IVA of the Federal Court of Australia Act 1976 (Cth), is predominantly based on a regime recommended by the Law Reform Commission (‘LRC’) in 1988. The LRC was acutely aware of the need to deal ...
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3
Nov
2022
The “More Competition, Better Prices” Act
On 26 March 2018, the OECD reported that average and maximum penalties in Australia for anti-competitive conduct were substantially lower than those in comparable international jurisdictions...
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27
Oct
2022
Bruce Lehrmann to be retried
The jury in the ACT trial of Bruce Lehrmann has been discharged and the trial aborted after a juror brought in a research paper that attempted to quantify false complaints and explore the reasons for making false complaints.
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19
Oct
2022
Crucial win for search engines – High Court rules in favour of Google
On 17 August 2022, the High Court of Australia determined that Google was not liable for defamation as a publisher by making available to users a hyperlinked article searching and seeking to navigate the internet...
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19
Oct
2022
Murdoch and Crikey: A notable change of onus in NSW Defamation Law
Lachlan Murdoch, CEO of Fox Corporation and co-chairman of News Corp filed defamation proceedings against online news platform Crikey...
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20
Sep
2022
Group Costs Orders “Beauty Parade” in the Beach Energy Group Class Action
On 1 August 2022, the Victorian Supreme Court handed down the first decision in a "beauty parade" contest where two law firms were both seeking to represent the same class...
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12
Sep
2022
Taleb v Rijal [2022] VSC 259
Taleb v Rijal [2022] VSC 259 (Taleb) concerned an appeal against the orders made by Magistrate Goldberg, pursuant to section 109 of the Magistrates’ Court Act 1989 (Vic).
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9
Sep
2022
Zurich Insurance PLC v Koper [2022] NSWCA 128
This recent judgment of the NSW Court of Appeal provides a useful reminder of the jurisdiction of state courts and the availability to invoke federal legislation when serving potential defendants outside of jurisdiction.
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22
Aug
2022
Rising Tides for Climate Change Class Actions
Developments in Australian jurisprudence are inching open the door for shareholder proceedings in response to failures by publicly listed companies to properly disclose climate-related risks.
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19
Jul
2022
Funded Class Actions ≠ Managed Investment Schemes – A Square Peg In A Round Hole
In a very important decision for those involved in class actions, the Full Court of the Federal Court of Australia has determined that litigation funded class actions are not “managed investment schemes” (MIS), overturning a 2009 decision in Brookfield Multiplex, which held to the contrary. This me ...
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