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Murray Goulburn’s former top execs banned from managing companies
Agriculture 2020-11-13 10:31 pm By Christine Caulfield

Murray Goulburn’s former managing director Gary Helou and chief financial officer Brad Hingle have been disqualified from heading up companies after they were found to have breached the Corporations Act for their role in the milk supplier’s repeated failure to disclose an expected material decrease in the milk supplier’s earnings guidance for 2016.

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7-Eleven to face new unconscionability claims in franchisee class action
Class Actions 2020-11-13 9:18 pm By Miklos Bolza

Two class actions on behalf of 7-Eleven franchisees plan to expand their case against the convenience store chain by adding new allegations of systemic unconscionable conduct.

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ASIC calls for 3-year-ban against former Murray Goulburn boss Gary Helou
Agriculture 2020-11-12 1:34 pm By Christine Caulfield

The corporate regulator is pushing for a three-year director ban against former Murray Goulburn managing director Gary Helou and a two-year disqualification order against the dairy cooperative’s former chief financial officer over misleading representations about farmgate milk prices five years ago.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
Class Actions 2020-11-03 3:25 pm By Miklos Bolza

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
Class Actions 2020-11-02 10:36 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn’t know his father’s conduct was wrong, his barrister has told a court.

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Banksia funder Mark Elliott’s ‘practice’ of deleting emails doesn’t gel, court told
Class Actions 2020-10-30 10:12 pm By Christine Caulfield

A routine practice by the funder behind the scandal-ridden Banksia class action of deleting emails, documented in a letter by his solicitors just days before his death, isn’t consistent with the electronic record maintained in another class action in which he was involved, a court overseeing a trial in the case has heard.

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Worley prevails in rare judgment dismissing shareholder class action
Class Actions 2020-10-22 10:01 am By Christine Caulfield

A judge has sided with Worley in a ruling tossing a class action after a trial alleged the engineering company misled shareholders and breached disclosure rules by issuing an overly positive earnings guidance of $322 million for the 2014 financial year.

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Worley ruling the latest setback for shareholder class actions
Analysis 2020-10-23 5:48 pm By Christine Caulfield

A judge’s decision to throw out a shareholder class action against engineering company Worley is a loss for plaintiffs lawyers and could result in fewer listed companies willing to settle cases alleging they breached their disclosure obligations, but the ruling is not likely to have a significant chilling effect on securities litigation.

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Contradictor in 7-Eleven class action backs court’s power to make CFOs
Class Actions 2020-10-20 3:51 pm By Miklos Bolza

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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Lawyer Alex Elliott was ‘de facto’ solicitor for Banksia class action, judge told
Class Actions 2020-10-06 4:09 pm By Christine Caulfield

Lawyer Alex Elliott was complicit in a plan by his late father to mislead the court and group members in the Banksia class action, to conceal conflicts of interest and to profit from the case at the expense of debenture holders, a judge has been told.

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