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Law firm’s cut of EML class action driven down by carriage fight in separate case
Class Actions 2022-12-08 11:30 am By Sam Matthews

A judge has granted a law firm’s bid for a group costs order in a shareholder class action against payments processing company EML, but has trimmed its proposed cut of any recovery after comparing it to the contingency fee rate the firm accepted in another class action.

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‘Spectre’ of business interruption class actions laid to rest with test cases, insurers argue
Insurance 2022-12-06 10:26 pm By Cindy Cameronne

Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed. 

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Boral’s privilege claim upheld over EY investigation in shareholder class action
Securities 2022-12-06 10:09 pm By Cindy Cameronne

Boral has won its bid to shield from shareholders in a class action three investigative reports, including one by accounting giant EY, concerning financial irregularities in the construction company’s North America windows business.

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Funder’s commission cut by 33% in ‘lower risk’ employment class action
Employment 2022-12-01 3:28 pm By Cindy Cameronne

A judge has cut a funder’s commission by 33 per cent after approving a $20 million settlement in a sham contracting class action against telco contractor BSA Limited, finding that funders should receive “significantly lower” payouts in employment cases.

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Judge asks if tiered contingency fee ‘meaningless’ in Crown class action
Class Actions 2022-11-24 11:35 pm By Cindy Cameronne

A judge has questioned a tiered contingency fee arrangement in a proposed group costs order by the law firm running a shareholder class action against Crown, asking whether the lower-end percentages were “meaningless”.

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KPMG’s push to move Arrium class action to NSW goes south
Class Actions 2022-11-18 11:43 pm By Christine Caulfield

The High Court has dismissed an application by accounting giant KPMG to transfer a class action over the collapse of mining company Arrium from Victoria to NSW.

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CBA says disclosing money laundering failures would have misled the market
Trials 2022-11-09 9:16 pm By Cindy Cameronne

The Commonwealth Bank of Australia has argued that disclosing its money laundering failures before AUSTRAC brought proceedings would have misled the market, as the bank takes the rare move of defending a shareholder class action at trial.

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Trial pokes holes in CBA’s claim of ‘cordial’ relationship with AUSTRAC
Trials 2022-11-08 10:04 pm By Cindy Cameronne

While CBA’s defence to a shareholder class action argues the bank did not need to disclose money laundering failures because it doubted AUSTRAC would take legal action, communications show it was drafting a defence six months before proceedings started, a trial has heard.

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‘Law breaking on a grand scale:’ CBA’s money laundering failures on trial
Class Actions 2022-11-07 11:22 pm By Cindy Cameronne

The Commonwealth Bank of Australia knew about a “catastrophic” code error that caused widespread non-compliance with money laundering rules two years before it was disclosed to the market, a court has been told in a rare shareholder class action trial.

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Class action trial looms for CBA over money laundering disclosures
Class Actions 2022-11-03 11:59 pm By Cat Fredenburgh

The Commonwealth Bank of Australia faces trial Monday in one of several class actions filed against a major Australian company in recent years over allegedly lax money laundering practices and disclosures.

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