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Judge says MIS regulation ‘doesn’t work’ with class action regime
Class Actions 2021-09-13 11:23 pm By Cindy Cameronne Sydney

A Federal Court judge has taken a swipe at new regulations that require class action funding arrangements to be registered as managed investment schemes, saying it was difficult to reconcile the new rules with the class action regime.

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Hancock Prospecting loses bid for expanded trial in Rinehart family feud
Energy & Natural Resources 2021-09-13 3:02 pm By Miklos Bolza Sydney

Gina Rinehart’s Hancock Prospecting has failed to persuade a court to hold an expanded separate trial on the alleged wrongdoing of the mining magnate in a spat over the Hope Downs iron ore mine, with a judge finding the proposal could extend the already ten-year legal battle.

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Hancock Prospecting avoids $3M discovery hit
Energy & Natural Resources 2021-08-18 4:21 pm By Miklos Bolza Sydney

Gina Rinehart’s Hancock Prospecting has avoided a discovery order that would cost an estimated $3 million to comply with, with a judge instead ordering that limited discovery be given to two Rinehart children in an ongoing family dispute over titles for the Hope Down iron ore mine.

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Funder wants Full Court to throw out landmark class action ruling
Class Actions 2021-08-04 2:38 pm By Cat Fredenburgh Melbourne

The funder backing a class action accusing two energy generators of gaming Queensland’s energy prices wants the Full Court to find the landmark Brookfield Multiplex ruling, which held that a litigation funding arrangement for a class action was a managed investment scheme, was wrongly decided.

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3A Composites fires off barrage of cross-claims in cladding class action
Class Actions 2021-07-23 6:51 pm By Miklos Bolza Sydney

The number of lawyers involved in a class action against 3A Composites over allegedly combustible cladding is set to balloon, with the German cladding manufacturer lobbing cross-claims against nine different parties.

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Full Court may decide critical question in superannuation class actions
Class Actions 2021-07-20 4:45 pm By Miklos Bolza Sydney

The lead applicant in a Maurice Blackburn-led class action against superannuation provider Colonial First State wants the Full Court to determine whether group members still have valid claims, after a judgment from the Victoria Supreme Court shut down a similar class action last year.

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Lawyers for combustible cladding class action can search Fairview’s offices after discovery failure
Class Actions 2021-07-16 6:06 pm By Cindy Cameronne Sydney

Cladding manufacturer Fairview Architectural must allow the group members in a class action over allegedly combustible cladding products to search the company’s offices and access electronically stored information to carry out discovery, a judge has ruled.

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Allianz says joint class action would eliminate competition in contingency fee rates
Class Actions 2021-07-16 3:21 pm By Christine Caulfield Melbourne

Consolidation of two consumer class actions against Allianz would do away with competition in a contest to lead a single case that would force a drop in the contingency fee rates of the rival law firms, the insurance giant has told a court.

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COVID-19 class actions against Victorian government doomed to fail, court told
Class Actions 2021-05-31 10:38 pm By Christine Caulfield Melbourne

Two class actions over Victoria’s botched handling of the COVID-19 hotel quarantine program alleged to be responsible for the state’s second pandemic wave plead a novel duty of care that doesn’t exist, a court has heard.

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Judge ‘bereft’ of power to vary $138M IAG settlement to allow late opt outs
Insurance 2021-04-23 5:07 pm By Miklos Bolza Sydney

A $138 million class action settlement with IAG over alleged junk insurance will go ahead after a judge found he was “bereft” of power to vary his prior approval judgment and include late opt out bids by group members that threatened to derail the agreement last month.

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