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High Court to hear challenge to common fund orders in class actions
Appeals 2019-05-15 12:19 pm By Christine Caulfield

The High Court has granted applications by Westpac and BMW to weigh in on the validity of common fund orders made in class actions, a decision that could have major ramifications for the way representative proceedings are funded.

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$6M class action settlement is one claim under insurance policy, Bank of Queensland says
Class Actions 2019-05-14 8:52 pm By Miklos Bolza

The Bank of Queensland has criticised a judgment which found the bank’s insurance policy left it on the hook for a $6 million settlement of a class action brought by investors in a multi-million dollar Ponzi scheme by jailed fraudster Bradley Sherwin.

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High Court orders Rinehart family feud out of the spotlight
Arbitration 2019-05-08 3:45 pm By Cat Fredenburgh

The High Court has sided with Gina Rinehart in relation to a dispute with two of her children over billions of dollars in iron ore mining assets, saying the matter should be heard in arbitration.

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Deloitte grilled after claiming partners have no right to access files from litigation room
Appeals 2019-05-06 10:07 pm By Christine Caulfield

Lawyers for Deloitte were questioned by an appeals court Monday after arguing that the accounting giant’s partners had no access to the firm’s files, stored in a locked “litigation room”, and no power to hand them over to comply with discovery orders in a shareholder class action over the collapse of client Hastie Group.

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Maurice Blackburn says it can deliver the goods in BHP class action
Appeals 2019-05-02 10:34 pm By Christine Caulfield

Law firm Maurice Blackburn has fired its opening salvo in a high-stakes appeal of a judge’s decision rejecting its class action against BHP over the Brazilian dam failure, saying the ruling deprived group members of pocketing higher net returns on any recovery and of choosing a more experienced firm to run the case for them.

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High Court refuses special leave to losing GetSwift class action
Appeals 2019-04-18 10:48 am By Christine Caulfield

The battle over competing shareholder class actions against logistics tech company GetSwift is over, with the High Court rejecting a bid by one of the losing class action applicants to take another look at their case.

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Energy company director kicked off board for missing too many meetings files appeal
Corporate 2019-04-16 9:02 pm By Cat Fredenburgh

A director of an energy company who was kicked off the board for missing too many meetings has filed an appeal of a ruling dismissing his case over delays in complying with court requests after his lawyer from Maddocks withdrew from the case due to late payments.

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ATO wins appeal over share sale by Cayman Islands-based private equity funds
Tax 2019-04-03 9:07 pm By Cat Fredenburgh

An appeals court has sided with the tax office in a dispute against two corporate limited partnerships formed in the Cayman Islands, finding that ATO tax assessments issued for the sale of shares in global mining company Talison Lithium were valid and correct.

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Deep Investments can’t take another shot at case, Full Court says
Appeals 2019-04-01 2:28 pm By Cat Fredenburgh

The Full Court has denied a bid by Deep Investments to vary orders dismissing its case against a solicitor and six others over $10 million in alleged share trading losses, saying this would amount to allowing the investment adviser to bring a different claim.

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Judge says fix needed to rein in unwieldy appeals from IP Australia
Intellectual Property 2019-03-29 10:08 pm By Cat Fredenburgh

A Federal Court judge has questioned whether appeals from IP Australia should be allowed to proceed as hearings anew and not confined to the issues already run before the agency, in a ruling spanning 1,784 paragraphs that dismisses a challenge by chemical manufacturer SNF to a delegate’s decisions granting two mining patents to rival BASF.

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