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Common fund orders in class actions dealt fatal blow by High Court
Class Actions 2019-12-04 10:12 am By Christine Caulfield

Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.

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Arrium liquidators to keep up fight with shareholders over questioning of ex-director
Restructuring & Insolvency 2019-12-03 10:31 pm By Cat Fredenburgh

Liquidators of collapsed steel and mining company Arrium will challenge a ruling that gave shareholders the greenlight to question a former director to mount a possible class action, and have secured a limited stay of the judgment to lodge a notice of appeal.

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All eyes on High Court as ruling on common fund orders looms
Feature 2019-12-02 11:24 pm By Christine Caulfield

The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.

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Class action says Woolworths owes $620M in underpayments
Class Actions 2019-12-02 11:47 am By Cat Fredenburgh

Woolworths is facing a class action alleging it underpaid workers to the tune of $620 million, more than double what the supermarket giant estimated when it disclosed the underpayments scandal last month.

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Judge quashes watchdog’s decision to probe AWU over GetUp! donations
Employment 2019-11-26 10:43 pm By Christine Caulfield

An investigation into donations made to activist group GetUp! by the Australian Workers’ Union more than a decade ago has been closed down by a judge, who has also ordered the return of documents seized in high-profile raids of the union’s offices.

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ASIC dodges $10M defamation suit as judge points finger at traders
Defamation 2019-11-26 5:05 pm By Miklos Bolza

ASIC has successfully defended a $10 million defamation case brought by a Canadian trader, with a judge finding any loss experienced was due to his firm’s traders manipulating the market.

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Arrium liquidators can’t stop shareholders from grilling exec for possible class action
Restructuring & Insolvency 2019-11-20 11:48 pm By Christine Caulfield

Shareholders of collapsed steel and mining giant Arrium have won the OK to question a one-time director over possible class action claims that former officers misled the market and that auditor KPMG was negligent in preparing a healthy financial report just two years before the company went under.

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GIlbert + Tobin opposes fix to Charif Kazal’s ‘incomprehensible’ lawsuit
Contracts 2019-11-20 2:45 pm By Miklos Bolza

Gilbert + Tobin is seeking to shut down a lawsuit brought by a firm owned by Sydney business owners Charif and Tarek Kazal after the Federal Court gave the company one last chance to fix what a judge called the “simply incomprehensible” pleadings.

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Forge liquidators investigate potential case against auditors KPMG
Restructuring & Insolvency 2019-11-12 8:31 pm By Miklos Bolza

Two special purpose liquidators appointed to collapsed engineering and construction company Forge Group are investigating a potential lawsuit against KPMG, which audited the doomed business prior to its $800 million collapse in 2014.

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Pfizer takes Sandoz to court for info on Enbrel biosimilar
Intellectual Property 2019-11-12 5:51 pm By Cat Fredenburgh

Pfizer, maker of the blockbuster rheumatoid arthritis biologic Enbrel, has taken generic drug maker Sandoz to court for information on its Enbrel biosimilar, after winning a bid for preliminary discovery against Samsung Biopis to pursue a possible infringement case over the same drug.

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