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The top litigation law firms of 2020
Feature 2021-01-27 11:21 pm By Cat Fredenburgh

Lawyerly’s Litigation Firms of 2020 delivered significant victories for clients last year in bet-the-company matters, thriving in a tumultuous year that saw courts and litigants adapt to virtual trials and other new norms that are sure to outlast the COVID-19 pandemic.

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Judge OKs IAG class action settlement, rejects funder’s bid to recoup insurance
Class Actions 2020-12-17 3:01 pm By Christine Caulfield

A judge has signalled his intention to sign off on a $138 million settlement in a class action against IAG and approve a common fund order that gives the litigation funder a $34.5 million commission, but an application by the funder for reimbursement of after-the-event insurance has been refused.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
COVID-19 2020-11-27 6:58 pm By Spencer Fowler Steen

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
COVID-19 2020-11-23 10:32 pm By Spencer Fowler Steen

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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Funder of live export class action doesn’t need AFSL to sign up new group members
Class Actions 2020-11-12 3:02 pm By Cat Fredenburgh

The group providing funding to claimants in a class action against the federal government over its 2011 ban on live cattle exports to Indonesia does not have to comply with new rules requiring litigation funders to obtain an AFSL and operate as a managed investment scheme in order to sign up new group members.

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Facebook tries again to dodge privacy lawsuit in Australia
Privacy & Cybersecurity 2020-09-29 1:04 pm By Cat Fredenburgh

Facebook will press on with its argument that it can’t be sued in Australia by the country’s privacy commissioner for alleged disclosure of users’ personal data, after a judge found there was enough evidence the social media giant conducted business in the country by installing and operating cookies on the devices of Australia users.

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Banksia judge orders Alex Elliott to reveal financial interests in father’s companies
Class Actions 2020-09-15 7:01 pm By Alison Eveleigh

Alex Elliott, the son of former Banksia Securities class action lawyer Mark Elliott, must hand over documents revealing his financial interests in his father’s litigation funding company and law firm, after the judge overseeing professional misconduct claims against lawyers in the class action rejected his claims that the discovery was a fishing expedition.

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Facebook can’t escape privacy action with jurisdiction argument
Privacy & Cybersecurity 2020-09-14 2:33 pm By Christine Caulfield

Facebook’s argument that it can’t be sued by the privacy commissioner in Australia has fallen flat, with a judge rejecting the social media giant’s application to dismiss enforcement action brought in March over the disclosure of users’ personal data.

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‘An indulgence’: Judge rejects stay as Alex Elliott appeals recusal loss in Banksia class action
Class Actions 2020-09-09 2:31 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied Alex Elliott’s request to stay the case against him while he takes his recusal application to the Court of Appeal, branding the stay ‘an indulgence’.

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