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Appeals court in BHP class action battle questions superiority of no win, no fee model
Appeals 2019-05-27 11:45 pm By Christine Caulfield

Maurice Blackburn’s funding model rejected by a judge overseeing a beauty parade of class actions against BHP appeared structured to incentivise the firm to push up its legal fees, an appeals court said Monday on the first day of a high stakes hearing challenging a decision to shut down two of three competing cases against the mining giant.

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Funders feel the heat as AMP ruling shows returns to class members matter most
Analysis 2019-05-24 3:05 pm By Christine Caulfield

A judge’s decision to pick Maurice Blackburn’s no win, no fee class action against AMP over three funded class actions puts the pressure on litigation funders, which will now face more competition from law firms prepared to go it alone, experts say. The ruling also shows the value courts place on funding arrangements that seek to maximise returns for class members, which means class action beauty parades are sure to get less ugly.

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Judge signs off on $30M settlement in liquidator’s LM Investment case
Restructuring & Insolvency 2019-05-23 3:16 pm By Christine Caulfield

A Queensland Supreme Court judge has given the green light for a $30 million settlement of a liquidator’s case against failed financial services firm LM Investment Management, saying the result was appropriate and “a matter of some public interest”.

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Termite Resources directors appeal $7M damages ruling for liquidators
Restructuring & Insolvency 2019-05-23 1:57 pm By Christine Caulfield

The former directors of collapsed mining company Termite Resources have appealed a ruling ordering them to pay $7 million in damages for allegedly breaching their duty by distributing more than $46 million to Termite’s parent company and failing to maintain a cash reserve of at least $10 million.

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No win, no fee funding model carries Maurice Blackburn to victory in AMP class action contest
Class Actions 2019-05-23 10:29 am By Christine Caulfield

Maurice Blackburn’s shareholder class action against AMP — the only action not backed by a litigation funder — has been picked as the winner in a fierce battle of law firms vying to lead a high stakes case over the wealth manager’s fees for no service scandal.

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ACCC takes online retailer Kogan to court for misleading promotion
Competition & Consumer Protection 2019-05-23 10:05 am By Christine Caulfield

The consumer watchdog has brought legal action against online retailer Kogan Australia alleging one of its discount promotions duped customers.

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PWC claims privilege against self-incrimination in fight over Vocation audit files
Class Actions 2019-05-22 8:42 pm By Christine Caulfield

Accounting giant PricewaterhouseCoopers is resisting a notice to produce audit files in a consolidated shareholder class action over the collapse of education and training company Vocation, arguing its partners face a real risk of criminal and civil penalty proceedings and are entited to claim privilege against self-incrimination.

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Law firms to learn fate in AMP class action beauty parade
Analysis 2019-05-21 11:25 pm By Christine Caulfield

A ruling by a judge deciding a four-way contest to run a shareholder class action against AMP is expected this week, a judgment significant not just because it is the first time a court in Australia has been asked to choose among so many competing representative cases.

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ANZ brings on class actions ace as new group GC
People In The News 2019-05-21 8:43 pm By Christine Caulfield

ANZ has recruited seasoned class actions lawyer Ken Adams to be its next group general counsel as the bank faces two cases over a botched share placement and braces for the possibility of more litigation in the wake of the Banking Royal Commission.

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Qudos Bank wins source code from Infosys as it weighs possible IP case
Intellectual Property 2019-05-20 11:33 pm By Christine Caulfield

Technology consulting group Infosys must hand over more documents — including source code — to Qudos as the mutual bank considers a possible copyright infringement and breach of contract case in the wake of a soured deal to help overhaul its online banking platform.

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