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Judge has ‘real misgivings’ about security for costs bid in casual worker class actions
Class Actions 2019-06-17 10:08 pm By Miklos Bolza

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

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Horse vaccine class action gets chance to add sample group member to bring ‘valid’ consumer claim
Class Actions 2019-06-04 9:19 pm By Amelia Birnie

Noting the relevant three-year limitations provision was “quite unusal”, the judge overseeing a consumer class action against horse vaccine manufacturer Zoetis has given the class a chance to add a second applicant to the case, after it was revealed that part of the lead applicant’s claim was out of time.Ā 

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Judge hits funder-backed Appco class action with costs despite ‘no costs’ rule
Class Actions 2019-05-31 5:07 pm By Amelia Birnie

A judge has hit the applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual “no costs” rule in Fair Work cases had less force in actions backed by third party litigation funders.

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‘Sensible’ funder won’t stick toxic foam class with costs after last-minute common fund withdrawal
Product Liability 2019-05-30 3:33 pm By Miklos Bolza

A judge has praised funder IMF Bentham for not seeking to recover from group members the cost of a withdrawn common fund application in one of Shine Lawyer’s toxic foam class actions, agreeing instead to cop the loss itself.

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Maurice Blackburn gets second shot at pursuing class action against BHP
Appeals 2019-05-28 9:18 pm By Christine Caulfield

Maurice Blackburn has partly prevailed in an appeal of a judge’s decision to put the brakes on its shareholder class action against BHP while greenlighting a competing case brought by Phi Finney McDonald, with an appeals court ordering the rival law firms to negotiate a deal to consolidate their litigation.

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Appeals court in BHP class action battle questions superiority of no win, no fee model
Appeals 2019-05-27 11:45 pm By Christine Caulfield

Maurice Blackburn’s funding model rejected by a judge overseeing a beauty parade of class actions against BHP appeared structured to incentivise the firm to push up its legal fees, an appeals court said Monday on the first day of a high stakes hearing challenging a decision to shut down two of three competing cases against the mining giant.

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Banknote maker CCL Secure wins dramatic cut of $65M judgment in ‘shabby fraud’ case
Appeals 2019-05-24 10:35 pm By Miklos Bolza

An appeals court has slashed a damages judgment against international banknote manufacturer CCL Secure in a case alleging it tricked its Nigerian agent into signing away his commission, cutting the award from $65 million to $1.8 million.

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“I’d be happy to mediate it myself”: Judge cheers talks in Fitch class action
Class Actions 2019-05-23 7:52 pm By Miklos Bolza

Parties in an ongoing four-and-a-half year long investor class action against Fitch Ratings have agreed to a second round of mediation after a prior attempt was adjourned without success.

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AMP admits to breaches in ASIC’s insurance churn case
Financial Services 2019-05-21 12:43 pm By Miklos Bolza

AMP’s financial planning unit has admitted it breached the Corporations Act when at least one of its representatives engaged in so-called insurance policy churning, in a case brought by the Australian Securities & Investments Commission that will now head to a hearing on penalties next month.

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‘Fantastic, in the true sense of the word’: judge slams Appco class action funder’s 40% cut
Class Actions 2019-05-16 9:19 pm By Amelia Birnie

A judge has raised serious concerns about the proposed commission by the funder behind a $90 million sham contracting class action against fundraiser Appco, slamming as “intuitively wrong” an arrangment that could leave group members pocketing less than half of any recovery.Ā Ā 

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