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Judge hits funder-backed Appco class action with costs despite ‘no costs’ rule
Class Actions 2019-05-31 5:07 pm By Amelia Birnie

A judge has hit the applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual “no costs” rule in Fair Work cases had less force in actions backed by third party litigation funders.

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‘Diamond Joe’ Gutnick’s company ordered to pay debts or face winding up
Restructuring & Insolvency 2019-05-31 3:55 pm By Miklos Bolza

An appeals court has ordered a phosphate mining company owned by mining magnate Joseph Gutnik to pay back more than $225,000 owed to the Queensland state government or face immediate liquidation, accusing the company of showing a “cavalier attitude” towards earlier orders made by the court.

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Piper Alderman says costs breach in KPMG class action ‘obviously accidental’
Class Actions 2019-05-31 2:42 pm By Amelia Birnie

Piper Alderman has urged a judge to excuse its ā€œobviously accidentalā€ breach of legal profession costs regulations in its Discovery Metals investor class action against KPMG, warning that group members could suffer detriment if its $3.5 million legal bill was not approved quickly.

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Squire Patton Boggs emails privileged in dispute over Pilbara power purchase agreement
Energy & Natural Resources 2019-05-31 10:57 am By Miklos Bolza

The court has blocked a unit of Fortescue Metals Group from accessing emails sent by Squire Patton Boggs about a now disputed power purchase agreement, saying the communications are privileged.

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No more shots in Russian vodka trade marks case
Intellectual Property 2019-05-30 9:33 pm By Amelia Birnie

A dispute over allegedly stolen Russian vodka trade marks has been permanently stayed as an abuse of process, after the Russian Federation failed to provide adequate discovery of relevant materials.

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Iluka class action lands new funder, but $1.25M security outstanding
Class Actions 2019-05-30 8:49 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have been given a two month extension to provide a $1.25 million security for costs, after they managed to secure an in-principle deal with a new litigation funder.

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Motorola accuses Hytera of ‘industrial espionage on a grand scale’
Intellectual Property 2019-05-30 8:37 pm By Amelia Birnie

Motorola has slammed Hytera for engaging in ā€œindustrial espionage on a grand scaleā€, after more than a thousand Motorola-branded documents were found in the possession of the Chinese radio maker.

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Ex-Hastie Services CEO ordered ‘raid’ on balance sheets to make up targets, court hears
White Collar 2019-05-30 5:19 pm By Miklos Bolza

The former CEO of a unit of collapsed construction firm Hastie Group told staff to “raid the balance books” to make up financial targets linked to his bonus, prosecutors said at the outset of a two-month criminal trial.

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‘Sensible’ funder won’t stick toxic foam class with costs after last-minute common fund withdrawal
Product Liability 2019-05-30 3:33 pm By Miklos Bolza

A judge has praised funder IMF Bentham for not seeking to recover from group members the cost of a withdrawn common fund application in one of Shine Lawyer’s toxic foam class actions, agreeing instead to cop the loss itself.

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Garuda hit with $19M penalty for air cargo price-fixing
Competition & Consumer Protection 2019-05-30 10:46 am By Amelia Birnie

Indonesian national airline Garuda has been slapped with a $19 million penalty in the ACCC’s decade-long global cartel case over air cargo price-fixing, bringing the total penalties won by the competition regulator over the cartel to $132.5 million.

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