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Judge questions why fees, commission missing from Crown settlement notice
Class Actions 2021-11-23 12:03 pm By Miklos Bolza

A judge has directed that the legal fees and funding commission sought to be deducted from a $125 million class action settlement with Crown Resorts be included in a proposed notice to shareholders, after learning that group members were forced to click through to Maurice Blackburn’s website to find the “critical” figures.

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Judge throws out challenge to funding for Queensland energy class action
Class Actions 2021-11-17 10:09 pm By Miklos Bolza

A judge has thrown out a lawsuit that argued the funding for a class action against two Queensland energy generators didn’t comply with new regulations targeting litigation funders, and said a landmark judgment that held class action funding agreements were managed investment schemes was conceptually incoherent and ripe for a Full Court challenge.

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Ex-Tennis Australia president loses bid for $4.3M in indemnity costs against ASIC
ASIC 2021-11-05 9:04 pm By Cindy Cameronne

Former Tennis Australia president Steven Healy has lost his bid for $4.3 million in indemnity costs against ASIC over its failed case over the rights to the Australian Open, with a judge finding the regulatorā€™s case against him had ā€œreasonable prospects of successā€ before trial.

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Ono Pharmaceutical faces grilling by Full Court in patent extension appeal
Intellectual Property 2021-11-04 9:20 pm By Miklos Bolza

Drug company Ono Pharmaceutical has faced tough questioning by an appeals court in a fight with IP Australia over a decision that secured it a patent extension for its cancer immunotherapy drug Opdivo.

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Rate-rigging class action pleadings OK’d, more than two years after case filed
Class Actions 2021-10-28 3:56 pm By Miklos Bolza

A judge has given the green light to amended pleadings in a class action accusing major banks of entering a cartel agreement to rig foreign exchange rates, bringing a two-year fight over the pleadings closer to resolution.

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Investors lose joint appeal bid to boost slice of Halifax liquidation assets
Restructuring & Insolvency 2021-10-27 3:13 pm By Miklos Bolza

Investors in collapsed stockbroker Halifax Investment Services have failed to overturn decisions in Australia and New Zealand relating to the date of realisation of their investments which have decreased the amount they can recover in the company’s liquidation.

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Injunction against Facebook doesn’t clash with competition watchdog’s orders, judge says
Social Media 2021-10-27 5:04 pm By Bianca Hrovat

A court has shut down Facebookā€™s renewed push to cut off Melbourne-based content strategists Sked Social from posting on Instagram on behalf of its clients, with a judge saying the social media giantā€™s justification for varying the injunction order was ā€œflimsy and possibly strategicā€.

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Judges should have no say in coal mine approvals, Morrison government says in class action appeal
Climate change 2021-10-18 9:07 pm By Miklos Bolza

Approving coal mine projects is not the business of courts, the Morrison government has argued in its challenge to a landmark class action judgment that found it had a duty of care to protect Australian children from the effects of climate change.

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Judge warns AMP it could face 1.2M lawsuits if declassing bid succeeds
Class Actions 2021-10-11 10:07 pm By Cindy Cameronne

AMP and a number of its financial planning subsidiaries could face 1.2 million individual claims if they win a bid to declass a group proceeding over allegedly excessive insurance premiums, a judge has said.

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Colonial must give class action info on financial position after ‘unsatisfactory’ liability transfer
Financial Services 2021-10-05 2:11 pm By Cindy Cameronne

A judge has told a Colonial First State Investments unit to provide information about its financial position to the lead applicant in a class action and criticised the company for failing to disclose that it had transferred its liabilities after the class action was launched.

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