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Judge calls for joint expert report in ASIC’s insurance churn case against AMP
Financial Services 2019-04-08 7:57 pm By Miklos Bolza

An argument over the admissibility of an expert report produced by the Australian Securities and Investments Commission in its insurance churn case against AMP was sidestepped Monday, with a judge proposing experts from both sides instead file a joint report in the case.

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Judge says no to security for costs in unfunded Zoetis horse vaccine class action
Class Actions 2019-04-04 11:00 pm By Christine Caulfield

A judge has refused an application by horse vaccine maker Zoetis for $450,000 as security for costs in an unfunded class action alleging misleading claims by the pharmaceutical company, saying while he had the power to make the order sought, the “principled exercise” of his discretion was to reject the bid.

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GetSwift class action to get in line behind ASIC case
Class Actions 2019-04-04 8:27 pm By Miklos Bolza

A judge has agreed to postpone a trial against logistics provider GetSwift until next year when a class action and a lawsuit by the Australian Securities and Investments Commission related to the company’s disclosures will be heard consecutively rather than concurrently.

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Judge ‘uncomfortable’ with common fund order in toxic foam class actions
Class Actions 2019-04-03 5:21 pm By Miklos Bolza

A judge overseeing three toxic foam class actions against the Commonwealth of Australia has said he’s not comfortable approving a common fund order which does not detail specific remuneration amounts for funder IMF Bentham.

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Ethicon pelvic mesh class wants expanded group definition, again
Class Actions 2019-04-01 8:36 pm By Miklos Bolza

A class action against Johnson & Johnson unit Ethicon over allegedly faulty pelvic mesh implants is once more vying for an expanded group definition ahead of settlement talks as the clock ticks down to judgment.

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Two GetSwift shareholders opt out of class action, say company should put ‘legal obstacles’ behind it
Class Actions 2019-04-01 12:51 pm By Cat Fredenburgh

GetSwift shareholders Clutterbuck Capital Management and KPT Capital have opted out of a class action against the logistics services provider, blasting the “inappropriate and questionable” actions by some involved in the class action proceedings.

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AMP wants expert report tossed in ASIC insurance churn case
Financial Services 2019-03-26 10:11 pm By Cat Fredenburgh

AMP will challenge the admissibility of an expert report central to ASIC’s case over alleged insurance churning by one of the wealth manager’s former financial advisers, after a judge called on the regulator to be more transparent about its communication with the experts in the case.

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Judge wants four referees in toxic foam class actions
Class Actions 2019-03-19 9:25 pm By Cat Fredenburgh

The Chief Justice of the Federal Court wants four referees to weigh what’s expected to be voluminous expert evidence in three class actions against the Commonwealth of Australia over exposure to allegedly toxic foam used on a government military bases, saying with 60 class actions pending in the Federal Court, devoting a single judge to the case for months on end should be a “mechanism of last resort”.

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ASIC to go after GetSwift’s former general counsel
Securities 2019-03-19 7:59 pm By Miklos Bolza

The Australian Securities and Investments Commission wants to add GetSwift’s former inhouse lawyer as a respondent in its enforcement action against the logistics company, as debate rages over whether a class action against the company should be postponed.

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Judge calls for criteria to pick winner in competing class action battles
Class Actions 2019-03-13 9:43 pm By Christine Caulfield

The courts should be given express statutory power to resolve competing class actions that establishes the factors to consider when picking a winning case, a leading class action judge has said.

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