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Multiplex wants Hastie liquidators to pay up for betting on set-off limitation
Multiplex is calling for the liquidators of collapsed engineering services group Hastie to pay its costs, and pay now, for pursuing an action to recover millions of dollars in unpaid bills on the grounds that the construction company was not entitled to offset its debts with amounts owing.
Funder won’t fight court’s power to vary class action commission
Whether judges can alter the terms of litigation funding agreements in class actions is a question that will remain unsettled for now, after litigation funder IMF Bentham chose to sidestep a lengthy, costly and risky challenge to the reach of the court's powers.
ASIC lashes out at criticism over new responsible lending guidelines
The corporate regulator has shot back at "exaggerated and inaccurate criticisms" that its updated responsible lending guidelines were to blame for lack of access to credit.
Worrells backs partner targeted by ‘unexpected’ ASIC action
Insolvency firm Worrells has come out in support of partner Jason Bettles, who is facing an investigation by the corporate regulator for his work as liquidator of the Members Alliance Group of companies, saying the probe was unexpected.
Key insight into claim on Warranty & Indemnity insurance
The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity policy is entitled to indemnity from an insurer when it relied on income and liability warranties in a share sale agreement and those warranties were breached, a case that provides welcome guidance on the contractual interpretation of W&I policies, writes Justin McDonnell and Rebecca LeBherz of King & Wood Mallesons.
Law firm gave trendy Melbourne cafe bad settlement advice, appeals court finds
A Melbourne-based law firm was negligent when it advised the owners of Barflys bar and cafe in Bourke Street to settle a case against its landlords for $341,500 because of changes to the law on retail leases, an appeals court has found.
Funder appeals ruling over security in Fair Work class actions
Litigation funder Augusta Ventures has brought its promised appeal of a groundbreaking ruling that put it on the hook for paying security for costs in an employment class action over the classification of casual mine workers.
Juno challenges validity of patent for Pfizer’s pain drug Dynastat
Australian drug maker Juno Pharmaceuticals has hit back at claims it is infringing the patent for US-based Pfizer's post-operative pain killer Dynastat, saying the patent is invalid.
SNF, BASF resolve remaining patent dispute
Global chemicals giant SNF has dropped its case against rival BASF over a lucrative mining patent, the last of numerous Federal Court disputes between the companies.
Claims of class action explosion don’t add up, new report says
An average of 23 class actions have been filed every year in Australia since the class action regime was introduced in 1992, a number that belies recent claims of an explosion in litigation, a new report by a leading class action expert says.