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Judge hits funder-backed Appco class action with costs despite ‘no costs’ rule
Class Actions 2019-05-31 5:07 pm By Amelia Birnie

A judge has hit the applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual “no costs” rule in Fair Work cases had less force in actions backed by third party litigation funders.

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‘Diamond Joe’ Gutnick’s company ordered to pay debts or face winding up
Restructuring & Insolvency 2019-05-31 3:55 pm By Miklos Bolza

An appeals court has ordered a phosphate mining company owned by mining magnate Joseph Gutnik to pay back more than $225,000 owed to the Queensland state government or face immediate liquidation, accusing the company of showing a “cavalier attitude” towards earlier orders made by the court.

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Piper Alderman says costs breach in KPMG class action ‘obviously accidental’
Class Actions 2019-05-31 2:42 pm By Amelia Birnie

Piper Alderman has urged a judge to excuse its “obviously accidental” breach of legal profession costs regulations in its Discovery Metals investor class action against KPMG, warning that group members could suffer detriment if its $3.5 million legal bill was not approved quickly.

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Squire Patton Boggs emails privileged in dispute over Pilbara power purchase agreement
Energy & Natural Resources 2019-05-31 10:57 am By Miklos Bolza

The court has blocked a unit of Fortescue Metals Group from accessing emails sent by Squire Patton Boggs about a now disputed power purchase agreement, saying the communications are privileged.

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Jetstar to pay $1.95M penalty for misleading consumers about refund rights
Competition & Consumer Protection 2019-05-30 10:29 pm By Cat Fredenburgh

Jetstar Airways has been ordered to pay a $1.95 million penalty after it admitted to making false and misleading representations about customers’ eligibility for refunds on cancelled flights.

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Iluka class action lands new funder, but $1.25M security outstanding
Class Actions 2019-05-30 8:49 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have been given a two month extension to provide a $1.25 million security for costs, after they managed to secure an in-principle deal with a new litigation funder.

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Motorola accuses Hytera of ‘industrial espionage on a grand scale’
Intellectual Property 2019-05-30 8:37 pm By Amelia Birnie

Motorola has slammed Hytera for engaging in “industrial espionage on a grand scale”, after more than a thousand Motorola-branded documents were found in the possession of the Chinese radio maker.

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Ex-Hastie Services CEO ordered ‘raid’ on balance sheets to make up targets, court hears
White Collar 2019-05-30 5:19 pm By Miklos Bolza

The former CEO of a unit of collapsed construction firm Hastie Group told staff to “raid the balance books” to make up financial targets linked to his bonus, prosecutors said at the outset of a two-month criminal trial.

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‘Sensible’ funder won’t stick toxic foam class with costs after last-minute common fund withdrawal
Product Liability 2019-05-30 3:33 pm By Miklos Bolza

A judge has praised funder IMF Bentham for not seeking to recover from group members the cost of a withdrawn common fund application in one of Shine Lawyer’s toxic foam class actions, agreeing instead to cop the loss itself.

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State Street reaches settlement with super fund in Fearless Girl trade mark spat
Intellectual Property 2019-05-30 1:29 pm By Christine Caulfield

US asset management firm State Street has dropped its trade mark case against superannuation fund HESTA over its Fearless Girl statue, after HESTA agreed to stop all marketing and promotion involving a replica of the famous New York statue. 

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