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Mired in interlocutory skirmishes, protracted BHP class action just got more entangled
Class Actions 2024-06-20 11:48 pm By Christine Caulfield

BHP wants to appeal a decision giving a class action the OK to fix what a judge accepted was an “inadvertent mistake” that resulted in a ruling — itself the subject of an appeal — which limited the group member definition.

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Class action against BHP can amend shareholder group after ‘inadvertent mistake’
Class Actions 2024-06-06 1:20 pm By Sam Matthews

The judge overseeing a six-year-old class action against BHP over the collapse of a Brazilian dam has allowed the applicant to retroactively amend the group definition, accepting that a pleading mistake was contrary to the intended class membership in the case.

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Crown Resorts to benefit from class closure and should foot part of the bill, judge says
Class Actions 2024-05-31 11:00 pm By Sam Matthews

A judge has ordered Crown Resorts to share the costs of soft class closure with the plaintiff in a shareholder class action accusing it of lax anti-money laundering compliance, saying that soft class closure ahead of mediation was in the interests of both parties. 

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Funder’s ‘very large’ cut of $100M AMP class action revealed
Class Actions 2024-05-07 11:01 pm By Cindy Cameronne

The funder of a class action by financial advisers against AMP is seeking a $28.5 million profit from a $100 million settlement, a hefty payout that has prompted the appointment of a contradictor but may survive the scrutiny in light of a recent appeals court decision.

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Funder’s ‘very large’ cut from $100M AMP class action settlement warrants contradictor: court
Class Actions 2024-04-24 2:44 pm By Cindy Cameronne

A judge has appointed a contradictor for an upcoming settlement approval hearing in a class action by financial advisers against AMP over its buyer of last resort policy, saying the funder was taking a “very large” cut of the $100 million settlement. 

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Uber says use of spyware to lure GoCatch drivers not like burglary
Trials 2024-04-03 11:05 pm By Sam Matthews

Uber has hit back at claims that it engaged in corporate espionage by using a software program called SurfCam to lure drivers away from rival GoCatch, saying its actions could not be compared to burglary because the material it obtained was not confidential.

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Uber’s lawyers ‘panicked’ during regulator’s investigation, court hears
Trials 2024-04-02 10:47 pm By Cindy Cameronne

Lawyers at Herbert Smith Freehills panicked as their client Uber obfuscated a regulator’s investigation during an alleged unlawful conspiracy to launch illegal rideshare operations, a trial has heard. 

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Hotel quarantine class action can’t proof witnesses ahead of criminal trial
Class Actions 2024-03-27 9:06 pm By Sam Matthews

The state of Victoria has won its bid to prevent lawyers for a class action over Victoria’s COVID-19 hotel quarantine debacle from proofing lay witnesses, ahead of a criminal trial against the Department of Health, which is due to start in May.

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BHP fights class action’s bid to augment group after pleading mistake
Class Actions 2024-03-25 9:58 pm By Sam Matthews

A five-year-old class action against BHP over the collapse of a Brazilian dam is seeking to amend the group definition following a judgment limiting the class size, but the mining company says it should not be punished for the applicant’s pleading mistake.

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Virgin can stay investor class action if funder doesn’t show proof of funds
Class Actions 2024-03-01 9:18 pm By Cindy Cameronne

A judge has ordered a litigation funder bankrolling an investor class action against Virgin Australia to show evidence it can meet a $10 million agreed indemnity with the airline, saying it was not being transparent about its financial position. 

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