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Arrium directors’ examination for class action not abuse of process, High Court told
High Court 2021-10-07 5:20 pm By Cindy Cameronne

Two shareholders of failed steel giant Arrium have told the High Court that granting their bid to grill former directors of the company would not be an abuse of process because it was in the public interest to “expose” the management of the defunct business.

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Ex-Dick Smith CFO to appeal $43M victory for NAB
Restructuring & Insolvency 2021-10-07 6:25 pm By Miklos Bolza

Dick Smith’s former CFO will appeal a $43 million judgment in favour of National Australia Bank over his role in the retailer’s collapse.

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Honda dealers win discovery for possible lawsuit over decision to ditch dealership model
Competition & Consumer Protection 2021-09-29 11:38 am By Miklos Bolza

Two former Honda dealers have won a bid for preliminary discovery against Honda Australia to pursue a potential consumer lawsuit over the car maker’s decision earlier this year to abandon a dealership model in Australia.

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Funder’s critical intervention in liquidator’s case leaves it on hook for costs
Restructuring & Insolvency 2021-09-24 2:50 pm By Bianca Hrovat

A judge has issued a stern warning to litigation funders seeking to take a “gamble” on pending court proceedings, ruling they could be held liable for costs if their intervention proves critical to the advancement of the case.

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Judge won’t let two class actions against Freedom Foods, Deloitte run in parallel
Class Actions 2021-09-22 1:59 pm By Miklos Bolza

A judge has rejected an application by the plaintiffs in two class actions against Freedom Foods and Deloitte to run their cases side-by-side, but said she would have granted a bid to consolidate the proceedings had that been sought.

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Class action mediation ‘pointless’ without unregistered group member data, Pitcher Partners says
Class Actions 2021-09-22 4:30 pm By Christine Caulfield

A judge has refused a bid by accounting firms Pitcher Partners and EY to access share trading data of unregistered group members in a securities class action over advice to Slater & Gordon, despite claims upcoming mediation will be “pointless” without the information.

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Sam Newman, Donald Scott settle defamation suit over iconic AFL pic
Defamation 2021-09-20 4:25 pm By Miklos Bolza

A defamation case brought by former footy show host Sam Newman and AFL veteran Donald Scott against sports photographer Wayne Ludbey over comments made about a historic image of indigenous AFL footballer Nicky Winmar has settled.

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MIS regime poses ‘real risk’ to consolidating Freedom Foods class actions, court told
Class Actions 2021-09-17 10:16 pm By Miklos Bolza

Recent changes to the law requiring funded class actions to be registered as managed investment schemes have complicated the question of how best to resolve the multiplicity issue in two class actions brought against Freedom Foods and Deloitte.

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Judge’s patience for ‘flipping and flopping’ prosecutors in ANZ cartel case wearing thin
Competition & Consumer Protection 2021-09-16 8:47 pm By Cindy Cameronne

A judge has questioned whether he should allow prosecutors to amend charges against ANZ and its treasurer in a criminal cartel case over a $2.5 billion share placement after the bank argued the charges were defective and should be quashed.

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Aveo class action judge tells parties to stop ‘stalling’ as he rules against loss hearing
Class Actions 2021-09-02 2:43 pm By Cindy Cameronne

A judge has questioned why a class action against Aveo Group has “stalled” after tossing the retirement home provider’s bid to determine group members’ loss in a preliminary hearing, saying the questions in the case could not be “neatly separated”.

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