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Maddocks fights $13M judgment, says negligence was ‘marginal’
Professional Negligence 2022-06-20 9:42 pm By Sam Matthews Melbourne

Appealing a $13 million damages judgment for negligent advice to a former client that allegedly led to a botched sale and administration, law firm Maddocks told a court Monday the business had “miniscule” chances of surviving even if the sale had been successful.

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Albanese government welcomes class action funder’s defeat of MIS regulation
Class Actions 2022-06-17 10:48 pm By Christine Caulfield

The federal government said Friday it would consider the implications of an appeals court’s finding that the managed investment scheme structure was unsuited to class actions, a ruling it said was a victory for ordinary Australians and a vindication for Labor.

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Full Court finds class actions are not managed investment schemes
Class Actions 2022-06-16 10:43 am By Cindy Cameronne Sydney

In a significant victory for litigation funders, the Full Federal Court has found that funded class actions are not managed investment schemes subject to regulatory oversight, gutting the legal basis for reforms enacted by the Morrison government in 2020.

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Qantas takes fight over axing of ground staff to High Court
High Court 2022-06-02 11:23 pm By Cat Fredenburgh Melbourne

Qantas has asked the High Court to reverse a judgment that found it violated the Fair Work Act by axing 1,800 ground staff partly to prevent them from bringing industrial action.

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MIS regime ‘just cannot work’ for class action funding arrangements, court told
Class Actions 2022-05-25 10:46 pm By Christine Caulfield

A litigation funder challenging a decision underpinning recently enacted rules that require class actions to be registered as managed investment schemes told an appeals court Wednesday the decision was plainly wrong and the regime unworkable.

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Ford pushing for 10-day hearing in ‘all-in appeal’ of complex class action decision
Competition & Consumer Protection 2022-05-17 3:01 pm By Sam Matthews Melbourne

Ford is seeking an extended hearing of its appeal from a class action judgment in favour of 185,000 vehicle owners over their allegedly defective cars, saying a “significant excavation” of the ruling is now in order. 

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Scenic hit with damages of up to $25M in class action over luxury cruise turned bus tour
Class Actions 2022-04-14 10:19 pm By Sam Matthews Melbourne

A judge has made a long-awaited award of damages to travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus from city to city.

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Virgin scores High Court win in spat with Wells Fargo over leased engines
High Court 2022-03-16 7:23 pm By Miklos Bolza Sydney

US bank Wells Fargo and Florida-based aviation leasing company Willis Lease Finance will have to pay $500,000 for the relocation of leased aircraft engines to Virgin after losing a High Court bid to have the airline foot the bill.

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Ford class action parties battle over potential appeal blowout
Class Actions 2022-02-25 3:19 pm By Christine Caulfield Melbourne

An appeal in a class action over Ford’s alleged defective Powershift transmission could blow out by a week, with the applicant filing a cross appeal in a case that comes down to three provisions of the Australian Consumer law given little or no attention by the Full Court.

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MySuper class action back on track with appeals court victory
Class Actions 2021-12-21 4:22 pm By Miklos Bolza Sydney

The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.

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