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Court not convinced ‘superhuman’ judge needed for back-to-back GetSwift hearings
Securities 2019-09-16 5:01 pm By Miklos Bolza

A Federal Court judge has dismissed an application by GetSwift to delay the hearing of a shareholder class action against it, despite arguments that a judge would need to be “superhuman” to hear the trial immediately after a civil penalty hearing brought by ASIC against the logistics company.

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Judge ‘flummoxed’ about why 200 pelvic mesh cases are not a class action
Product Liability 2019-09-12 1:20 pm By Miklos Bolza

A Federal Court judge has expressed disbelief that hundreds of lawsuits are being pursued over allegedly defective  pelvic mesh, saying he was “absolutely flummoxed” as to why the law firm leading them hadn’t considered filing a class action.

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Twin Quintis class actions squabble about ‘overly complicated’ case
Class Actions 2019-09-11 10:00 pm By Amelia Birnie

The plaintiffs in one of two shareholder class actions brought against troubled sandalwood producer Quintis have complained about potential delays that could result from the “overly complicated loss theory” being advanced in a parallel class action.

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Judge hands win to Starcom liquidator over insolvent trading period
Restructuring & Insolvency 2019-09-09 8:40 pm By Miklos Bolza

Two former directors of collapsed business and IT solutions provider Starcom Group have failed in their attempt to toss a referee’s report that found the company was insolvent 22 months before it was wound up.

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Zoetis loses challenge over security for costs in horse vaccine class action
Class Actions 2019-09-03 2:57 pm By Cat Fredenburgh

The Full Federal Court has shot down a challenge to a ruling denying horse vaccine maker Zoetis’ application for security for costs in an unfunded class action brought on behalf of horse owners alleging the company failed to warn about the potential side effects of the Hendra virus vaccine.

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Funder booted from Banksia class action settlement scheme after intimidation claims
Class Actions 2019-08-30 5:02 pm By Miklos Bolza

A judge has removed the funder and law firm leading the Banksia Securities class action from their roles supervising a proposed settlement distribution scheme after the funder was accused of intimidation, a lack of experience and charging excessive costs.

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Crown can appeal ruling that freed Chinese employees to talk to lawyers
Appeals 2019-08-29 10:28 pm By Christine Caulfield

Crown Resorts has been given the greenlight to challenge a court order allowing former employees to talk to lawyers for a class action over its business in China, but the class has another chance to make its case that the ruling should stand.

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Bellamy’s interests protected without class action cost-capping, Full Court says
Appeals 2019-08-28 8:27 pm By Christine Caulfield

Concerns about duplicative costs in multiple class actions are better addressed by case management decisions aimed at cutting excessive expense, not by limiting the amount lawyers representing group members can spend, the Full Federal Court has said in dismissing an appeal by baby food maker Bellamy’s.

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Court’s ‘auction’ approach in GetSwift slammed in bid to revive AMP class action
Appeals 2019-08-26 9:44 pm By Miklos Bolza

The barrister leading an appeal seeking to revive Quinn Emanuel’s fees for no service class action against AMP has criticised the approach taken in the landmark GetSwift ruling on competing class actions, saying it placed the court in the role of auctioneer and actually encouraged duplicative proceedings.

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Full Court tosses Bellamy’s class action cost-capping appeal
Appeals 2019-08-26 9:42 pm By Cat Fredenburgh

Bellamy’s has lost its appeals court battle to limit the costs incurred by lawyers jointly running two shareholder class actions against the baby food maker.

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