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‘Real lack of care’: Judge scolds class action firm over costs dispute with funder
Class Actions 2024-04-04 11:23 pm By Cat Fredenburgh

A bid by the law firm behind a settled class action against Hays Recruitment to increase a cap on costs to settle a spat with a litigation funder has been dashed, with a judge pulling up the firm for failing to inform the court of the funder’s claim.

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ASIC wins greenwashing case against Vanguard over $1B fund
Securities 2024-03-28 4:15 pm By Cindy Cameronne

The Australian Securities and Investments Commission has won its first civil penalty proceeding in a greenwashing case, with a court finding against Vanguard Investments over its $1 billion “ethically conscious” hedge fund.

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Court OKs $23M settlement in Wellard class action despite funder’s ‘lion’s share’
Class Actions 2024-03-28 4:28 pm By Cindy Cameronne

A judge has approved a settlement in a shareholder class action against livestock exporter Wellard that grants a 34 per cent cut for group members, saying that investors had agreed to the lawyers and funder receiving the “lion’s share”. 

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Liberty Group’s ‘trust silo’ not used to avoid tax on $98M, appeals court finds
Tax 2024-03-27 10:28 pm By Cindy Cameronne

In a loss for the Australian Taxation Office, an appeals court has found that the Liberty Group’s use of corporate and trust ‘silos’ was not an unlawful tax avoidance scheme.

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Judge rejects ASIC’s first case over unfair insurance contract terms
Insurance 2024-03-22 4:18 pm By Sam Matthews

A judge has dismissed the corporate regulator’s first-ever case over unfair insurance contracts terms, finding it was not unfair for an insurer to require customers to notify it if anything changed about their home or its contents.

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Subpoenas to identify group members in Mercedes-Benz class action ‘improper’: judge
Class Actions 2024-03-21 4:32 pm By Sam Matthews

A judge has set aside subpoenas in a class action against Mercedes-Benz over alleged emissions cheating seeking material to identify group members and clarify the composition of the class, finding they were not issued for a legitimate forensic purpose.

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ATO’s assessments for Mylan’s $1.4B Alphapharm acquisition ‘excessive’, court rules
Tax 2024-03-21 5:08 pm By Cindy Cameronne

The Australian unit of drug giant Mylan has triumphed in a dispute with Australian Taxation Office, with a judge finding the ATO’s assessment for 2020 was “excessive” with respect to interest on loans to fund Mylan’s $1.2 billion acquisition of generic drug maker Alphapharm.

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Credibility of Lehrmann, Higgins central to judge’s looming ruling in defamation case
Defamation 2024-03-20 11:28 pm By Christine Caulfield

Did Bruce Lehrmann rape colleague Brittany Higgins in Parliament House in 2019? That is the primary question in the case to be decided by the Federal Court early next month, and the credibility of the two principal protagonists is central to answering that question.

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Liquidators may have $43M in claims against Blockchain exec, judge says
Cryptocurrency 2024-03-19 2:07 pm By Sam Matthews

A judge has declined to set aside a travel ban against a former director of collapsed cryptocurrency platform Blockchain Global, noting that the company’s liquidators may have claims of up to $42.9 million against him. 

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Firm can’t amend quasi class action against Canberra developer until pleadings fixed
Real Estate 2024-03-15 4:50 pm By Cindy Cameronne

A judge has refused to add 27 new plaintiffs to a quasi group proceeding against a Canberra developer brought in the ACT, where class actions are not permitted, saying the law firm running the case must first gets its “pleading house in order”.

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