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Lawyers, funder in Banksia misconduct case could face $10M hit
Class Actions 2021-03-15 11:02 pm By Christine Caulfield

The judge overseeing the trial alleging fraud on the part of barristers and the funder behind a class action over Banksia Securities will be asked to award at least $32 million to the failed property lender’s 16,000 debenture holders for the serious misconduct alleged against the lawyers.

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Group members to get more than half of $37.75M Estia class action settlement
Class Actions 2021-03-02 3:48 pm By Cat Fredenburgh

More than half of the $37.75 million settlement reached in a shareholder class action against aged care provider Estia Health will be left for distribution to group members if the settlement is approved at an upcoming hearing.

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$37.75M settlement reached in Estia Health class action
Class Actions 2021-02-16 12:48 pm By Cat Fredenburgh

A $37.75 million settlement has been reached in a shareholder class action against Estia Health that accused the aged care provider of failing to disclose difficulties in its 2015 and 2016 acquisition strategy.

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Maurice Blackburn did not breach obligations in TWE class action, Full Court finds
Appeals 2020-12-17 4:55 pm By Miklos Bolza

The Full Federal Court has tossed an appeal by Treasury Wine Estates claiming that Maurice Blackburn and barrister Guy Donnellan breached their obligations in preparing the pleadings in a current shareholder class action against the global winemaker.

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Kogan hit with $350,000 penalty for misleading TAXTIME promotion
Competition & Consumer Protection 2020-12-07 1:07 pm By Cat Fredenburgh

Online retailer Kogan has been hit with a $350,000 penalty for misleading customers during its 2018 TAXTIME promotion by offering discounts on products whose prices had been inflated, far short of the $2 million penalty sought by the Australian Competition and Consumer Commission.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Class Actions 2020-11-27 7:51 pm By Miklos Bolza

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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ACCC says Kogan should pay $2M for misleading promotion
Competition & Consumer Protection 2020-11-24 9:54 pm By Spencer Fowler Steen

The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Five law firms to spar over liability in $15M Dover Financial negligence case
Financial Services 2020-11-18 12:59 pm By Cat Fredenburgh

Two more law firms have been joined to a lawsuit by defunct financial advisor Dover Financial accusing three law firms of providing negligent advice regarding an inaptly titled client protection policy which a judge found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Boral execs can’t dodge Setka case over dropped blackmail charges
Construction 2020-10-07 3:51 pm By Miklos Bolza

Two Boral executives have failed in their bid to shut down a false imprisonment and malicious prosecution lawsuit brought by union heavyweight John Setka relating to dropped blackmail charges.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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