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Funder in Toyota class action wants up to 30% commission
Class Actions 2019-10-10 10:25 pm By Christine Caulfield

The litigation funder bankrolling a new class action against Toyota over allegedly faulty filters in its diesel models is looking to earn a step-up commission of between 20 and 30 percent of any recovery in the case.

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Market-based causation on the line as first shareholder class action judgment looms
Securities 2019-10-09 11:16 pm By Christine Caulfield

The judge who presided over a rare securities class action trial last year against department store Myer will deliver judgment in the case this month that could be the first ruling on causation in Australian shareholder class actions and has the potential to have a chilling effect on law firms bringing the cases.

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Facing Deloitte cross-claims, Dick Smith execs drag other directors into class action
Class Actions 2019-10-03 10:22 pm By Cat Fredenburgh

Former Dick Smith executives Nick Abboud and Michael Potts have pointed the finger at the defunct electronics retailer’s other directors in response to cross claims by auditor Deloitte, which is named in two shareholder class actions over the company’s collapse.

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ASIC can use PwC partner’s evidence in case against Rio Tinto
ASIC 2019-10-03 8:20 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has won its bid to use evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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Battle ahead as Hanwha seeks to ‘strengthen’ solar patent after suing rivals for infringement
Intellectual Property 2019-10-02 4:15 pm By Miklos Bolza

Global solar panel manufacturer Hanwha Q CELLS wants to amend the patent behind its solar technology, more than six months after launching infringement proceedings against three rivals.

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Court signs off on AMP’s new remediation program in ASIC insurance churn case
Financial Services 2019-10-01 8:42 pm By Miklos Bolza

A judge has given the thumbs up to AMP’s new program to identify and compensate victims of so-called insurance churning by its financial planning arm after inadequacies were revealed in the original scheme.

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Concerns ‘poorer’ patients in vaginal mesh class action less likely to be notified of rights
Class Actions 2019-09-30 9:44 pm By Amelia Birnie

The judge overseeing the Ethicon pelvic mesh class action has flagged serious public policy concerns stemming from class identification problems, amid fears that “poorer” patients in the public health system would be less likely to be notified of their rights compared to those in the private system.

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Union wants to intervene in university’s appeal over sacking of climate skeptic Peter Ridd
Employment 2019-09-30 2:42 pm By Christine Caulfield

The National Tertiary Education Union has asked a court for permission to intervene in support of sacked physics professor and climate skeptic Peter Ridd as he fights James Cook University’s appeal of a $1.2 million judgment against it.

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‘Serious questions’ raised over conduct of lawyers, funder behind Banksia class action, judge says
Class Actions 2019-09-26 2:01 pm By Christine Caulfield

A judge overseeing a settled class action against failed Banksia Securities has rejected an application to limit a contradictor’s investigation of alleged professional misconduct on the part of the legal team and funder behind the case, saying he was satisfied there was a proper basis for the allegations.

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Octaviar liquidators get court OK to reject proofs of $900M in debt by subsidiaries
Restructuring & Insolvency 2019-09-24 9:18 pm By Christine Caulfield

The liquidators of failed Gold Coast investment group Octaviar have been given the thumbs up to reject over $900 million in proofs of debt from two of the firm’s subsidiaries after the Queensland Supreme Court ruled they had received competent legal advice on the matter and were justified in the rejections.

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