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Sims Metal class action funder to get no more than 25%, shareholders guaranteed at least half
Class Actions 2019-07-05 11:31 pm By Cat Fredenburgh

Noting the “significant and beneficial reduction” in recent funding rates, the judge overseeing a shareholder class action against recycling company Sims Metal Management has signed off on an order capping the commission of the funders at 25 per cent of any net proceeds and setting a minimum 50 per cent of any recovery for group members.

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Judges shoot down last-minute bid to amend Adani native title appeal
Appeals 2019-06-05 12:12 pm By Amelia Birnie

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland have lost an eleventh hour bid to add extra grounds to their native title appeal, as they wait for a decision from the Full Federal Court.

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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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CIMIC faces bid for indemnity costs after last-minute subpoenas derailed class action trial
Class Actions 2019-05-21 4:20 pm By Miklos Bolza

The lead applicant in a shareholder class action against global engineering firm CIMIC Group has made a bid for indemnity costs, after a last-minute subpoena of three former executives led to the trial being vacated.

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Sims Metal hits back at class action, says group members responsible for losses
Class Actions 2019-05-13 3:40 pm By Miklos Bolza

Recycling company Sims Metal Management has responded to a shareholder class action ahead of a hearing on Tuesday, denying it breached its continuous disclosure obligations and partially placing the blame for any losses at the feet of group members.

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Judge slams as ‘rubbish’ legal privilege claims in CIMIC class action lawyer’s affidavit
Class Actions 2019-05-01 2:35 pm By Christine Caulfield

A judge overseeing discovery in a class action against global engineering company CIMIC Group has called out the legal profession for an “extraordinary” new trend of relying on solicitors’ affidavits in claiming privilege over evidence.

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Lundbeck sues IP Australia, Sandoz to escape undertaking over Lexapro licence
Intellectual Property 2019-04-09 4:44 pm By Miklos Bolza

Global pharmaceutical giant Lundbeck has launched a bid to escape a prior undertaking blocking it from appealing a court’s decision that allowed four generic drug makers to apply for licences to manufacture generic versions of popular antidepressant Lexapro.

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Commonwealth Bank faces whistleblower lawsuit by ex-general manager
Financial Services 2019-04-08 10:00 pm By Cat Fredenburgh

The Commonwealth Bank has been hit with a lawsuit by a former general manager who claims his retrenchment in 2013 violated the whistleblower protections under the Corporations Act.

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Fair Work Ombudsman ‘overreacted’ in wage case against Transpetrol, judge says
Employment 2019-03-27 9:30 pm By Christine Caulfield

A judge has told off the Fair Work Ombudsman for seeking penalties of up to $94,000 in a case alleging Norwegian shipping company Transpetrol underpaid seafarers more than $255,000 in wages, saying she “overreacted”.

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CIMIC slugged with costs after class action trial vacated
Class Actions 2019-03-07 4:32 pm By Miklos Bolza

Global engineering firm CIMIC Group has been hit with costs after a last-minute subpoena of three new potential witnesses caused the three-week trial that was due to commence later this month to be vacated.

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