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Ex-Murray Goulburn execs say judge should not disqualify them again
Securities 2019-11-13 11:27 pm By Miklos Bolza

The former chief financial officer of Murray Goulburn has asked a judge to relieve him from any disqualification order sought by the corporate watchdog in its case over his alleged role in the milk supplier’s continuous disclosure breaches, saying he is already the subject of orders that ban him from the dairy industry.

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SNF, BASF resolve remaining patent dispute
Intellectual Property 2019-11-11 10:44 pm By Christine Caulfield

Global chemicals giant SNF has dropped its case against rival BASF over a lucrative mining patent, the last of numerous Federal Court disputes between the companies.

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Woolworths class action funder wants up to 35% of any recovery
Class Actions 2019-10-28 12:23 pm By Christine Caulfield

The funder backing a shareholder class action against Woolworths wants a 35 percent slice of any settlement or judgment in the $100 million case, according to its agreement with the applicants.

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Analysis 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Judge rules Myer misled shareholders, backs market-based causation
Class Actions 2019-10-24 2:39 pm By Christine Caulfield

A judge has ruled that department store Myer engaged in misleading or deceptive conduct and breached its continuous disclosure obligations when it failed to correct its “inflated” 2015 net profit forecasts, but said shareholders may not have suffered any loss flowing from the breaches, in a monumental decision that also found investors do not always need to prove direct reliance on misrepresentations in claiming damages in class actions.

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Stage set for battle over court’s power to vary class action funding agreements
Analysis 2019-10-22 11:06 pm By Christine Caulfield

A judge’s decision refusing to approve a $42 million settlement in a shareholder class action against Murray Goulburn because of a “too high” funder’s commission has set the stage for a showdown over the power of courts to alter funding agreements, a battle potentially more consequential than the fight over common fund orders now before the High Court.

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Ex-Tennis Australia director can’t enforce ‘catch-all’ subpoenas for board member emails
ASIC 2019-10-18 11:25 pm By Christine Caulfield

Ex-Tennis Australia director and current Dentons partner Steve Healy, who is facing action by the corporate regulator over the broadcast rights to the Australian Open, has lost a bid for access to six years of emails between two other former board members.

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Market-based causation on the line as first shareholder class action judgment looms
Securities 2019-10-09 11:16 pm By Christine Caulfield

The judge who presided over a rare securities class action trial last year against department store Myer will deliver judgment in the case this month that could be the first ruling on causation in Australian shareholder class actions and has the potential to have a chilling effect on law firms bringing the cases.

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Full Court finds Bellamy’s cost-capping appeal ‘not strong’, but denies indemnity costs
Class Actions 2019-10-07 4:53 pm By Miklos Bolza

A failed challenge by baby food maker Bellamy’s Australia to a decision rejecting its application to limit legal costs in two class actions was “not strong”, but was not so unreasonable as to put them on the hook for indemnity costs, the Full Federal Court has ruled.

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After ASIC raises ire, judge sets down new rules for regulators in his court
ASIC 2019-10-04 10:46 pm By Christine Caulfield

ASIC and other government regulators bringing enforcement action in the docket of one Federal Court judge must abide by a strict new protocol to prevent a repeat of the corporate watchdog’s “wait and see” strategy in a case against ex-Murray Goulburn directors that came close, the judge said, to bringing the administration of justice into disrepute.

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