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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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Victoria’s approach to carriage fights better than Federal Court, says judge
Class Actions 2024-02-27 5:22 pm By Cindy Cameronne

A judge overseeing an appeal in a carriage dispute in a class action against Jaguar Land Rover over allegedly defective diesel filters has said he prefers the approach of the Supreme Court of Victoria to such fights, saying firms should not revise their bids multiple times.

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In trade mark appeal, Katy Perry says Aussie designer should have ‘changed direction’ given her rise to fame
Intellectual Property 2024-02-22 9:23 pm By Sam Matthews

Appealing her loss in a trade mark stoush with an Australian fashion designer, pop star Katy Perry has argued the woman “should have changed direction” with her ‘Katie Perry’ brand once the singer’s star began to rise. 

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‘Not something we could ever agree to’: Applicant fights soft class closure in AMP case
Class Actions 2024-02-16 3:26 pm By Sam Matthews

The applicant in a class action against four AMP subsidiaries and two trustees over alleged excessive superannuation fees has flagged its opposition to soft class closure, saying it would be “completely inappropriate” to require the large class of up to two million group members to register ahead of mediation. 

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High Court won’t hear ex-Greenwoods partner’s appeal in Lendlease whistleblower case
Employment 2024-02-08 11:41 pm By Christine Caulfield

A former Greenwoods & Herbert Smith Freehills partner who alleges he was sacked for complaining about Lendlease’s “aggressive taxation position” has lost a bid to argue before the High Court that his claims are covered by new whistleblower protections.

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Virgin bondholders say indemnity unlawfully holding up class action
Class Actions 2023-12-15 10:43 pm By Cindy Cameronne

An investor class action against Virgin Australia has mounted a new challenge to a contentious indemnity clause, which the airline claims entitles it to receive periodic payments for its legal costs in defending the claims.

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Solicitors’ CFO question in Blue Sky class action sent to Full Court
Class Actions 2023-11-29 11:38 pm By Christine Caulfield

Weeks after giving the thumbs up to common fund orders at settlement, the Full Federal Court has been asked to decide whether judges have power to order payment of a commission to class action solicitors — not just funders.

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Nuix failed to disclose disappointing results after $1.8B float, court told
Trials 2023-11-20 9:25 pm By Sam Matthews

Nuix had information in January 2021 which undermined the growth story presented to the market in the prospectus for its IPO, a court has heard on the first day of ASIC’s case against the tech company and a handful of former directors.

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‘You’ve got to learn to take yes for an answer’: Judge not inclined to seek Full Court’s view on solicitors CFO
Class Actions 2023-11-15 11:20 pm By Cat Fredenburgh

The judge overseeing a class action against collapsed investment manager Blue Sky has said he would not be inclined to seek clarity from the Full Court on whether the court has the power to make a solicitors common fund order unless one of the defendants raised a challenge.

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Gilbert + Tobin seals the deal to lead Jaguar class action
Class Actions 2023-11-15 10:43 pm By Cat Fredenburgh

Gilbert + Tobin and the funder backing a class action against Jaguar Land Rover over allegedly defective diesel filters have given an undertaking that they won’t seek more than 25 per cent of any settlement or judgment, sealing the deal to run the case after triumphing in a carriage contest.

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