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Property developer Ralan Group faces potential class action over collapse
Class Actions 2019-09-09 10:17 pm By Christine Caulfield

William Roberts Lawyers and a litigation funder are investigating potential claims by property purchasers and investors against Ralan Group after the developer entered administration and creditors were warned to “prepare for a poor outcome”.

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Judge hands win to Starcom liquidator over insolvent trading period
Restructuring & Insolvency 2019-09-09 8:40 pm By Miklos Bolza

Two former directors of collapsed business and IT solutions provider Starcom Group have failed in their attempt to toss a referee’s report that found the company was insolvent 22 months before it was wound up.

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Ex-Tennis Australia directors lose bid for ASIC chats with witnesses
White Collar 2019-09-09 3:56 pm By Miklos Bolza

Two former directors of Tennis Australia can’t access chats between ASIC and other executives from the tennis body, with a judge finding the documents recording the communications with the potential witnesses were created in anticipation of litigation and were therefore privileged.

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Federal Court approval of funding commission recognises risks faced by funders
Expert Insights 2019-09-09 3:17 pm By Editor

In a recent decision, Federal Court Justice Jonathan Beach approved the settlement of the securities class action against Sirtex Medical. The approval included the judge making a common fund order and allowing funder IMF Bentham’s commission in the amount of $10 million, namely 25% of the gross settlement sum of $40 million. In approving the commission, Justice Beach noted that the rate should properly provide a reward for the risks undertaken by the funder, writes IMF Bentham’s Gavin Beardsell and Kate Hurford.

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Liquidators can find some Plutus workers’ claims not a priority, judge says
Restructuring & Insolvency 2019-09-09 2:47 pm By Cat Fredenburgh

The liquidators of Plutus Payroll Australia, the company at the heart of a high profile $105 million tax fraud, can determine that claims made during the liquidation by some of its 4,500 workers are not claims of employees and do not need to be prioritised.

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State Street can use evidence from Maurice Blackburn case in US suit against Fearless Girl artist
Intellectual Property 2019-09-06 11:45 pm By Christine Caulfield

State Street Global Advisors has been given the go-ahead to use evidence unearthed in its trade mark and copyright action against Maurice Blackburn over the iconic Fearless Girl statue as evidence in a related US lawsuit against the sculpture’s creator.

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James Cook University hit with $1.2M judgment for sacking climate skeptic
Employment 2019-09-06 9:34 pm By Miklos Bolza

A court has ordered James Cook University to pay over $1.2 million to a controversial climate change professor who was sacked in a manner the judge found “reprehensibly unfair” and an “egregious abuse of power”.

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Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
Class Actions 2019-09-05 9:59 pm By Miklos Bolza

The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would “invite a moronic approach” to sign up.

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Estia Health seeks to strike out ‘defective’ class action pleadings
Class Actions 2019-09-05 9:24 pm By Miklos Bolza

Aged care provider Estia Health has launched a bid to strike out the pleadings in a Phi Finney McDonald-led shareholder class action, accusing the law firm of making “speculative allegations” in the hope of strengthening its case later on.

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Full Federal Court dismisses Linfox’s $45M fuel tax challenge as ‘too weak’
Tax 2019-09-05 2:42 pm By Amelia Birnie

The Full Federal Court has dismissed Linfox’s $45 million fuel tax credit appeal, finding the Australian logistics company’s argument was ‘too weak or uncertain’ to conclude that it was being over-taxed on major toll roads across the country.

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