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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
High Court 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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Judge won’t recuse himself from influencer case over ‘neighbourhood dispute’ remark
Defamation 2023-07-26 11:03 pm By Christine Caulfield

A Federal Court judge has dismissed an application for his recusal on apprehended bias grounds for comments made about the significance of a defamation case against a Sydney seafood restaurant by social media influencers accused of skipping out on the bill for their lobster meal.

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Peloton resolves trade mark case against Mad Dogg on eve of trial
Intellectual Property 2023-07-26 4:26 pm By Christine Caulfield

Just days before trial, exercise bike giant Peloton Interactive has dropped its lawsuit against California fitness company Mad Dogg Athletics that sought removal of Mad Dogg’s ‘spinning’ trade mark.

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Public rebuke of departing judge from the bench was below the belt, expert says
Analysis 2023-07-25 10:15 pm By Christine Caulfield

A judge’s public criticism of a colleague for resigning her post before delivering a judgment reserved for three years was harsh, not fair. But the evident frustration that led to the rebuke reinforces the need for a judicial commission as an appropriate avenue to give vent to complaints, experts say.

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Vanguard Investments accused of greenwashing in ASIC court action
Financial Services 2023-07-25 2:09 pm By Christine Caulfield

ASIC has brought enforcement action against Vanguard Investments Australia, accusing the investment firm of misleading claims that its ethically conscious hedge fund screened securities for their environmental, social and good governance bona fides.

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Oil spill class action firm wins settlement hearing fees, including bill for tax advice
Class Actions 2023-07-25 5:38 pm By Christine Caulfield

Despite a judge’s complaint that class action costs are generally “out of control”, the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees — these ones incurred in a hearing to determine how the settlement spoils should be divided.

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Uber class actions win orders barring unregistered group members from settlement
Class Actions 2023-07-24 5:30 pm By Christine Caulfield

Uber and the applicants in class actions against the car service will head into mediation later this year, and only group members who sign up to join the cases will get a chance to share in the proceeds of any settlement that results from the talks.

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Sargon liquidators resolve $540,000 case against King & Wood Mallesons
Restructuring & Insolvency 2023-07-24 11:21 pm By Christine Caulfield

The liquidators of collapsed Sargon Capital have resolved their unfair preference case against King & Wood Mallesons over $540,000 in fees the law firm was paid for work advising the fintech before it went under.

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Saddled with resigning judge’s unfinished case, colleague spares no feelings
Courts 2023-07-21 11:28 pm By Christine Caulfield

A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.

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