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‘A degree of chaos’: Judge questions IAG common fund as High Court decision looms
Insurance 2019-08-16 8:48 pm By Miklos Bolza

A judge has questioned a common fund application in a class action against two IAG entities over allegedly worthless add-on insurance, saying there may be a “degree of chaos” if the order was approved only to be undone by a pending High Court decision.

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‘This pleading is a mess’: Judge slams liquidators’ case against Forge directors and auditors
Restructuring & Insolvency 2019-08-16 4:11 pm By Amelia Birnie

A judge has sent insolvency firm Ferrier Hodgson back to the drawing board to redraft its pleadings against the former directors and auditors of collapsed construction company Forge Group, warning that the overlapping actions were at risk of becoming an “unrideable bull”.

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Fairfax appeals $280K Chau Chak Wing defamation judgment, says journo didn’t lie
Defamation 2019-08-15 10:27 pm By Miklos Bolza

Fairfax Media has challenged a judge’s “gravely serious” suggestion that one of its journalists lied about a confidential source, during the first day of a two-day appeal hearing over a $280,000 defamation judgment awarded to Chinese-Australian businessman Chau Chak Wing.

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Two firms, one funder out after judge consolidates RCR Tomlinson class actions
Class Actions 2019-08-15 10:01 pm By Amelia Birnie

Law firm Quinn Emanuel Urquhart & Sullivan will push forward with an investor class action against failed engineering company RCR Tomlinson on its own, with two firms driving competing actions agreeing to step down after a judge forcibly consolidated all three proceedings.

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Samsung challenges $138M arbitration award in Roy Hill mine dispute
Arbitration 2019-08-15 9:28 pm By Miklos Bolza

South Korea’s Samsung C&T Corporation has launched two bids in Singapore to set aside a US$94 million (AU$138 million) award relating to its dispute with Spanish energy company Duro Felguera over the Pilbara-based Roy Hill iron ore mine.

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‘This game is over’: judge ready to toss Iluka class action over ongoing funding dramas
Class Actions 2019-08-15 3:45 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have less than a week to lock-in a $1.25 million security for costs, after the judge overseeing the case asked if he was allowed to dismiss proceedings himself following six months of being “very patient” about ongoing funding dramas.

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Barclays, other banks in forex cartel class action must produce US case docs
Competition & Consumer Protection 2019-08-15 3:36 pm By Christine Caulfield

A judge has ordered a group of banks facing a competition class action over alleged foreign exchange rate-rigging to hand over documents they produced as part of settlement agreements in class actions in the US and Canada.

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Hytera can’t blame Motorola for not alerting it to source code theft sooner
Intellectual Property 2019-08-14 10:58 pm By Cat Fredenburgh

Hytera can’t point the finger at Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner, as the first phase of the high stakes, high intrigue IP trial draws to a close.

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High Court dismisses Glencore’s bid to block ATO from eyeing Paradise Papers
Appeals 2019-08-14 10:05 pm By Miklos Bolza

Coal producer Glencore International has lost its High Court appeal to keep the Australian Taxation Office from reviewing documents related to its offshore assets, which were unearthed as part of the global Paradise Papers investigation. 

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Funder wants 25% of recovery in class action over ‘illusory’ vehicle warranties
Class Actions 2019-08-14 9:23 pm By Christine Caulfield

The funder behind a class action against a unit of car leasing company McMillan Shakespeare for allegedly engaging in unfair tactics when selling car warranties is seeking a 25 per cent cut of any settlement reached in the case.

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