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Full Court finds class actions are not managed investment schemes
Class Actions 2022-06-16 10:43 am By Cindy Cameronne

In a significant victory for litigation funders, the Full Federal Court has found that funded class actions are not managed investment schemes subject to regulatory oversight, gutting the legal basis for reforms enacted by the Morrison government in 2020.

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Judge approves Blackstoneā€™s takeover of Crown Resorts
Corporate 2022-06-15 12:37 pm By Sam Matthews

A judge has given his approval to the takeover of Crown Resorts by US private equity group Blackstone.

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Mayfair’s James Mawhinney agrees to steer clear of IPO Wealth investors
Class Actions 2022-06-10 3:41 pm By Cindy Cameronne

Mayfair Groupā€™s James Mawhinney has given an undertaking to not contact group members in a class action against a trustee of the collapsed IPO Wealth fund after allegedly urging investors, through a PR firm, to reject a settlement offer.

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Class action settlement with IPO Wealth trustee ā€˜a lot lessā€™ than investorsā€™ claims, court told
Restructuring & Insolvency 2022-06-02 6:30 pm By Cindy Cameronne

Investors in Mayfair Groupā€™s collapsed IPO Wealth Fund stand to recoup ā€œa lot lessā€ than their alleged $67 million in losses from a settlement in a class action alleging the fundā€™s trustee misled the unit holders — but they will take home 75 per cent of the resolution sum, a court has heard.

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Aveo class action judge appoints first-ever amicus in fight over opt-out notice
Class Actions 2022-06-02 3:49 pm By Cindy Cameronne

A judge overseeing a class action against retirement home provider Aveo Group has appointed an amicus curiae for what is believed to be the first time to assist the court in a fight over the wording of an opt out notice describing a ā€œnovelā€ funding model.Ā 

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MIS regime ‘just cannot work’ for class action funding arrangements, court told
Class Actions 2022-05-25 10:46 pm By Christine Caulfield

A litigation funder challenging a decision underpinning recently enacted rules that require class actions to be registered as managed investment schemes told an appeals court Wednesday the decision was plainly wrong and the regime unworkable.

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Trendy neoprene handbag not entitled to copyright protection, Full Court finds
Intellectual Property 2022-04-20 6:08 pm By Sam Matthews

An Australian designer of a trendy neoprene handbag sold at high-end department stores has lost an appeal which challenged a judgeā€™s finding that its flagship bag was not a work of artistic craftsmanship.

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Settlement reached in class action against trustee of collapsed IPO Wealth
Financial Services 2022-04-07 6:50 pm By Christine Caulfield

The trustee of Mayfair Group’s collapsed IPO Wealth Fund has reached an in-principle settlement in a class action alleging it misled investors, who lost $86 million when the fund was wound up.

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Smile Direct Club bites back in lawsuit over teeth straightener claims
ACCC 2022-04-07 10:10 pm By Sam Matthews

The maker of the popular Invisalign dental aligners may soon face a cross-claim from competitor SmileDirectClub, which it sued for allegedly misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits.Ā 

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Court appoints contradictor in class action funder’s challenge to MIS rules
Class Actions 2022-03-22 3:59 pm By Miklos Bolza

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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