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S&P settlement approved despite ‘extraordinarily large’ funder fee
Class Actions 2018-08-09 9:34 pm By Miklos Bolza

A judge has given the green light to a settlement of seven class actions against ratings agency S&P Global over toxic financial products, saying despite an “extraordinarily large” litigation funding fee the deal was a “significant vindication” of group member claims.

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Fitch class action can probe rosy ratings of Sigma Finance
Class Actions 2018-08-08 10:50 pm By Miklos Bolza

The lead applicant in an investor class action against Fitch Ratings will get its hands on internal reports detailing why the agency assigned a Triple A rating to Sigma Finance Corporation ahead of its 2008 collapse, and whether it could have predicted the fall of the $27 billion investment fund. 

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Viterra wins Cargill sale docs after mid-trial revelation
Trials 2018-08-07 9:07 pm By Cat Fredenburgh

Cargill has been ordered to turn over what it describes as “highly confidential” documents related to the possible sale of its malt business, a new revelation in the complex trial over claims Viterra fraudulently concealed crucial information when it sold malt producer Joe White Maltings to Cargill Australia in 2013 for $420 million.

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GetSwift class action should be reheard by new judge, Full Court told
Class Actions 2018-08-06 9:03 pm By Miklos Bolza

The judge overseeing the GetSwift class action proceedings was bent on picking a winner from the outset and should be removed from the case for rehearing, a barrister for one of the losing law firms told the Full Federal Court Monday.

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BHP faces second class action as it seeks to shut down first filed
Class Actions 2018-08-03 9:43 pm By Christine Caulfield

BHP Billiton is facing the possibility of a second shareholder class action over the Fundao dam failure at its mine in Brazil, but the cases may be put on hold pending the outcome of homicide charges against company employees.

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Ultra Tune’s “elaborate ruse” diverted ACCC investigation, court hears
Competition & Consumer Protection 2018-08-02 8:10 pm By Miklos Bolza

Two ‘sham letters’ produced by a senior manager of national car repair franchise Ultra Tune led both the ACCC and the court ‘down the garden path,’ a Federal Court judge heard Thursday.

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Fate of CBA class actions on the line as GetSwift appeal looms
Class Actions 2018-07-31 1:24 pm By Miklos Bolza

Lawyers for two competing class actions against the Commonwealth Bank of Australia over breaches of anti-money laundering laws say the cases can happily co-exist, but whether the court will agree may well depend on the outcome of a closely-watched appeal in a separate battle over multiple proceedings.

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ASIC loses bid for interim receiver against AGM, OT, Ozifin
Restructuring & Insolvency 2018-07-27 11:52 pm By Cat Fredenburgh

A judge has denied ASIC’s bid to appoint an interim receiver to preserve the assets of three financial services companies that advised clients to invest in complex derivatives, which ASIC is seeking to have wound up for alleged violations of the Corporations Act.

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Judge in S&P class actions told to start from scratch with funder’s fee
Class Actions 2018-07-26 8:08 pm By Miklos Bolza

The amicus hired to assess the funder’s cut of a potentially record settlement in several class actions against S&P Global over toxic financial products has told the judge that if he’s considering approving a funding equalisation order, he should “start with a blank piece of paper” in calculating a reasonable funder’s commission.

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Judge slams confidentiality clause in settlement of S&P class actions
Class Actions 2018-07-24 9:33 pm By Miklos Bolza

The judge weighing a record settlement in multiple class actions against S&P Global over toxic financial products said Tuesday there was “no way” he would sign off on the deal while it stipulated that all funds be returned to the ratings agency in the event the settlement amount is disclosed.

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