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Court wrestles with how toxic foam settlement objectors will be heard
Class Actions 2020-03-26 2:17 pm By Miklos Bolza

The judge overseeing the $212.5 million settlement in three toxic foam class actions against the Commonwealth of Australia has been told of at least one objection to the deal and has flagged difficulties taking submissions from opposing group members at an upcoming approval hearing.

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Mark Elliott’s Blackberry found, judge orders search of phone for evidence in Banksia class action
Class Actions 2020-03-26 1:57 pm By Christine Caulfield

The hunt for the missing Blackberry of deceased class action lawyer and funder Mark Elliott is over, and the located phone will now be examined by IT experts to see if it can be searched for potential evidence to be used as part of an investigation of  alleged professional misconduct by the legal team behind a class action against failed Banksia Securities.

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Rinehart family ordered into mediation in long-running feud over $4B trust
Energy & Natural Resources 2020-03-25 4:46 pm By Miklos Bolza

A judge has ordered the Rinehart family to enter mediation in their feud over a $4 billion trust, saying it was “overwhelmingly in the interests of the administration of justice” to seek an end to the long-running and bitter dispute.

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Surfstitch class action settlement amount slashed amid ‘very difficult retail environment’
Class Actions 2020-03-25 1:54 pm By Miklos Bolza

Group members in two settled class actions against clothing retailer Surfstitch have been told the settlement amount available to them has plummeted amid a “very difficult retail environment”.

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Judge says watching trial on iPad in lockdown scenario would be ‘unsatisfactory’
Intellectual Property 2020-03-25 12:41 pm By Miklos Bolza

The judge overseeing the trial in a trade secrets case brought by Australian auto electronics developer Directed Electronics OE against its rivals is considering how the cross-examination of witnesses will proceed given current restrictions imposed on gatherings due to the coronavirus, including in the event of a possible lockdown.

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Banks defeat mid-trial request by ex-Dick Smith directors for financial reports
Class Actions 2020-03-24 5:05 pm By Miklos Bolza

National Australia Bank and HSBC, which are suing the liquidators of collapsed retailer Dick Smith to recoup over $125 million in loans, have successfully fought off a bid by two former company directors for a series of financial reports.

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Judge OKs $42.5M Cash Converters settlement, plaintiffs firm to pocket $12.4M
Class Actions 2020-03-24 2:47 pm By Alison Eveleigh

A judge has signed off on a $42.5 million settlement of a class action against Cash Converters, brought on behalf of consumers that look out personal loans, in a move that will see the plaintiffs firm behind the case pocket $12.4 million.

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Spain appeals $375M ruling in arbitration spat over energy investments
Arbitration 2020-03-24 1:16 pm By Christine Caulfield

The Kingdom of Spain is keeping up its fight against the enforcement of two arbitration awards putting it on the hook for paying two investment companies $375 million.

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Juno halts planned sale of Velcade generic in settlement with Millennium, US
Intellectual Property 2020-03-24 11:08 am By Christine Caulfield

Generic drug maker Juno Pharmaceuticals has agreed to stopped planned sales of its cheap version of Millennium Pharmaceuticals anti-cancer medication Velcade in Australia as part of a settlement of its lawsuit alleging two patents covering the drug were invalid.

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‘One hearing and two interlocutory judgments have achieved precisely nothing’: Judge scolds parties in Parklea Market dispute
Real Estate 2020-03-23 6:23 pm By Miklos Bolza

A judge has criticised the parties in a land sale dispute over Sydney’s Parklea Markets for failing to make progress to bring the case to a close, almost three months after a $4.25 million judgment was awarded to a company owned by local retail personality Con Constantine.

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