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Liquidator loses appeal to block evidence as ATO aims at 10 year ban
Restructuring & Insolvency 2019-03-11 8:47 pm By Christine Caulfield

An appeals court has dismissed a challenge by Veritas Advisory principal liquidator David Iannuzzi to the admissibility of evidence submitted by the Australian Taxation Office in the agency’s case seeking compensation and a 10-year ban.

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Class members waited too long to appeal Great Southern MIS settlement, court rules
Class Actions 2019-03-07 4:59 pm By Christine Caulfield

An appeals court has dashed the hopes of three group members of a resolved class action over managed investment schemes operated by agribusiness Great Southern Group who sought more time to appeal approval of the settlement deed, which put them on the hook for repaying their loans to Bendigo and Adelaide Bank.

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Judge got the maths wrong in awarding $5.6M for accounting error, Pitcher Partner says
Appeals 2019-03-07 1:16 pm By Christine Caulfield

A judge who hit Pitcher Partners with a $5.6 million damages ruling over an accounting error concealed from corporate client Neville’s Bus Service was wrong to hold that the transport operator’s losses flowing from the error were real, the firm has argued.

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Westpac wants court to raise the bar for ‘personal advice’ finding
Financial Services 2019-03-04 10:59 pm By Cat Fredenburgh

Westpac has followed ASIC’s lead, launching a separate appeal to a ruling that it provided financial advice but not personal advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Common fund rulings a boon for class action litigation funders, experts say
Analysis 2019-03-01 9:37 pm By Christine Caulfield

Two rulings Friday keeping alive the common fund order are a ringing endorsement by the courts of the important role that litigation funders play in class actions, experts say, and have paved the way for more funded post-Hayne consumer litigation against banks and other financial services firms this year.

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Maurice Blackburn loses appeal over ATO bill on Black Saturday class action payout
Class Actions 2019-02-28 2:11 pm By Christine Caulfield

Maurice Blackburn has lost a long-running fight with the Australian Taxation Office over a tax bill on two massive class action settlements secured by the firm for thousands of Black Saturday bushfire victims.

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Funder asks High Court to take another look at $64M Banksia settlement
Appeals 2019-02-27 11:15 pm By Cat Fredenburgh

A litigation funder wants the High Court to review a court decision’s to approve a $64 million settlement in litigation over the failure of Banksia Securities while rejecting the funder’s commission and legal fees.

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Lawyers, funders brace for landmark common fund ruling this week
Analysis 2019-02-26 9:39 pm By Christine Caulfield

Judgments in two appeals challenging the legality of common fund orders issued by courts in class actions will be handed down this week, and the rulings could have a profound effect on how class actions are run by lawyers and their funders in the future.

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Unilever appeals loss over Nivea deodorant claims
Appeals 2019-02-26 11:03 am By Cat Fredenburgh

Unilever is not ready to put its long-running consumer case against competitor Beiersdorf to rest, filing a challenge to a ruling that Beiersdorf did not make misleading claims about its Nivea clinical strength deodorant products.

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Clive Palmer loses appeal of order freezing $200M in assets in Queensland Nickel case
Restructuring & Insolvency 2019-02-25 10:10 pm By Christine Caulfield

Clive Palmer has lost a bid to overturn an order freezing more than $200 million in his personal assets in a case brought by the liquidators of collapsed Queensland Nickel.

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