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Class action can grill Boral boss over email reference to EY’s dismal take on US biz
Trials 2024-09-10 3:13 pm By Christine Caulfield

Boral’s former CEO Michael Kane can be questioned at trial over a reference he made in an email to findings by EY about the building material group’s poor performing US windows business, despite claims that the findings were privileged.

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Judge rejects NABā€™s bid for class closure in Walton class action
Class Actions 2024-09-03 1:43 pm By Sam Matthews

The judge overseeing an $100 million class action against NAB over the collapse of Walton Construction has rejected the bankā€™s bid for soft class closure ahead of mediation.

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Second class action against Quintis wants settlement half to cover legal costs
Class Actions 2024-09-02 11:02 pm By Christine Caulfield

Citing the significant time and costs invested in the litigation, the applicant in the second filed class action over the collapse of Quintis wants his half of a $4.37 million settlement with the sandalwood producer to fund ongoing costs in what remains of the case.

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Class action firms can breathe easier after first contingency fee win
Class Actions 2024-08-28 1:59 pm By Cindy Cameronne

Class action settlement approval hearings are not a time for the court to second guess a law firm’s contingency fee as set down in a group costs order, a judge has found, but the question of proportionality is still key, and evidence of a firm’s return on investment and hourly fees may be relevant to the final decision.

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$12.8M payday for Slater & Gordon as judge blesses first class action contingency fee
Class Actions 2024-08-28 11:02 am By Cindy Cameronne

A judge has signed off on the first-ever settlement allowing a law firm to earn a contingency fee, approving a $12.8 million cut for Slater & Gordon in a shareholder class action against G8 Education.

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Repped by firm on winning streak, Boral takes shareholder class action to trial
Trials 2024-08-12 11:20 pm By Christine Caulfield

Buoyed by the recent trial success of CBA and other companies facing shareholder ire, building materials giant Boral is taking its chances at a hearing in a class action alleging disclosure breaches linked to its US windows business.

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Class closure split to be resolved by High Court
Class Actions 2024-08-08 11:38 pm By Christine Caulfield

The High Court has agreed to step in to resolve division among Australia’s courts on the question of power to make orders that exclude unregistered group members from class action settlements.

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Quintis class action settlement sum revealed, rival funder wants piece
Class Actions 2024-08-07 11:33 pm By Sam Matthews

A $13.5 million settlement has been reached in a Gadens-led class action against former Quintis director Frank Wilson, and the funder of a rival class action is preparing to seek a chunk of the sum in what a judge has called a ā€œmost unusual circumstanceā€.

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High Court says duty of care for economic loss can arise only if company assumes responsibility
Class Actions 2024-08-07 11:24 pm By Christine Caulfield

A class action has lost its appeal to the High Court in a case alleging Advanta Seeds owed damages to farmers for the economic loss resulting from its negligence in producing contaminated grain sorghum seed, with the justices clarifying that a duty of care may be established only if responsibility is assumed.

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High Court appeal seeks total knockout of common fund orders
Appeals 2024-08-05 11:16 pm By Sam Matthews

The High Court has been asked to overturn a Full Court decision finding lawyers can take a cut from a class action settlement under a solicitorsā€™ common fund order and to finally settle the question of whether the court has the power to issue common fund orders at all.

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