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Shareholder locked in feud with funder drops stay bid in S&P class action
Class Actions 2020-11-11 3:44 pm By Miklos Bolza

A contractual dispute between a litigation funder and the lead applicant in a class action against S&P will not prevent the class action from progressing, with both parties giving undertakings to preserve the status quo while the feud remains on foot.

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Top judge nudges ASIC, Allianz away from ‘bastardised’ pleadings in travel insurance case
Insurance 2020-11-11 3:28 pm By Spencer Fowler Steen

The Federal Court’s top judge has cautioned ASIC and insurers Allianz and AWP against presenting a “bastardised form of pleading” in the financial watchdog’s action over the alleged misleading sale of travel insurance to over 31,000 consumers.

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Judge questions vulnerability of group members in Robodebt class action
Class Actions 2020-11-11 2:40 pm By Miklos Bolza

A judge has expressed doubts that every group member in the Robodebt class action is vulnerable, as the parties gear up for two-week trial in the high-profile case over the unlawful debt recovery method that begins Monday.

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Clive Palmer’s lawyer doubtful McGowan defamation suit can settle in mediation
Defamation 2020-11-10 9:47 pm By Miklos Bolza

A barrister for billionaire Clive Palmer has expressed doubt that the mining magnate’s defamation case against Western Australia Premier Mark McGowan can be resolved in mediation.

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Funder to seek 30% cut from $9.5M McMillan Shakespeare class action settlement
Class Actions 2020-11-10 9:46 pm By Cat Fredenburgh

The funder that backed a class action against McMillan Shakespeare over ‘illusory’ car warranties, which settled for less than 20 per cent of the $47.6 million claim value, will seek court approval for a 30 per cent cut of the $9.5 million settlement.

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Climate change lawsuit ‘hopelessly defective’, court told
Environment 2020-11-10 2:44 pm By Miklos Bolza

The Federal Government has critised as “hopelessly defective” a lawsuit alleging it failed to disclose the impacts of climate change to investors in sovereign bonds, and the judge overseeing the matter has also raised concerns about the case.

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Litigation funder wins appeal over security for costs in Fair Work class actions
Employment 2020-11-10 2:25 pm By Christine Caulfield

Litigation funder Augusta Ventures has won its challenge to a landmark ruling that it pay $3.1 million in security for the costs of two Fair Work class actions it is financing on behalf of casual mine workers.

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Trendy Aussie handbag not a work of artistic craftsmanship, court rules
Intellectual Property 2020-11-10 12:53 pm By Christine Caulfield

The Australian maker of a trendy neoprene handbag sold at high-end retailers has lost a copyright lawsuit over alleged knockoffs, with a judge finding the tote was at most an “evolution in styling” and not a work of artistic craftsmanship with copyright protection.

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Class action beauty parade takes centre stage at High Court
Class Actions 2020-11-09 10:56 pm By Christine Caulfield

The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge’s power to choose a single class action among competing proceedings and what, if anything, should be made of a case’s funding structure and likely returns to group members when picking a winner.

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McMillan Shakespeare to pay $9.5M to settle $47.6M class action
Class Actions 2020-11-09 3:01 pm By Miklos Bolza

The lead applicant in a $47.6 million class action against McMillan Shakespeare over ‘illusory’ car warranties will seek court approval for a $9.5 million settlement, less than 20 per cent of the claim value.

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