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Funder behind Fair Work class actions a ‘litigation bounty hunter’, Full Court hears
Employment 2020-07-27 9:13 pm By Miklos Bolza

Facing accusations of being a “litigation bounty hunter”, litigation funder Augusta Ventures has made its bid before the Full Federal Court to overturn a landmark ruling which put it on the hook for $3.1 million in security in two Fair Work class actions.

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Banksia class action funder admits court was misled on fees, says commission shouldn’t suffer
Class Actions 2020-07-27 5:46 pm By Christine Caulfield

The litigation funder behind the class action over Banksia Securities’ collapse has admitted it misled a costs consultant retained to report to the court on the reasonableness of the fees in the case, but says its commission should not take a hit as a result because the misconduct occurred after the litigation settled against Banksia’s trustee for $64 million.

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Citing COVID-19 and $1.5M in class action costs, cladding manufacturer goes into administration
Class Actions 2020-07-13 10:34 pm By Cat Fredenburgh

Cladding manufacturer Fairview Architectural has filed for voluntary administration, citing challenges posed by COVID-19 and $1.5 million spent so far defending a class action alleging it misrepresented the quality of its “highly flammable” cladding. 

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Judge slashes security request in $46M Quintis insurance dispute
Class Actions 2020-07-13 8:30 pm By Alison Eveleigh

A judge has cut a request a security for costs in half in insurance rectification proceedings stemming from two class against sandalwood producer Quintis, saying the amount proposed by the funders bankrolling the case was “quite generous”.

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More law firms pulled into Quintis class action as $46M insurance dispute heats up
Insurance 2020-07-03 4:06 pm By Alison Eveleigh

Three law firms will represent the insurers in new proceedings launched to resolve a $46 million insurance question delaying settlement of two shareholder class actions against sandlewood producer Quintis, bringing the total number of law firms working on the class action to eight.

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Contingency fees won’t lead to US-style litigation, lawyers say
Feature 2020-06-19 8:25 pm By Cat Fredenburgh

Legislation passed by Victoria state lawmakers lifting the ban on contingency fees in class actions will not lead to US-style litigation entrepreneurialism, but it may also not have the desired effect of encouraging smaller and more risky claims, experts told Lawyerly.

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More law firms to be dragged into Dover Financial negligence case
Financial Services 2020-06-17 6:30 pm By Alison Eveleigh

More law firms may soon be targeted in a lawsuit brought by defunct financial advisor Dover Financial alleging three law firms provided negligent advice concerning an inaptly titled ‘client protection policy’, which a judge recently found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Top barrister retained interest in Mark Elliott’s funding co. after wife sold shares, court told
Class Actions 2020-06-09 10:52 am By Christine Caulfield

Court documents sought to be kept confidential in a case alleging professional misconduct against barrister Norman O’Bryan SC in his role as counsel for a class action over the collapse of Banksia Securities accuse the top silk of continuing to have an interest in the funder that bankrolled the proceedings after his wife was said to have sold her shares.

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Banksia class action funder can’t keep details of misconduct claims under wraps
Class Actions 2020-06-03 10:50 pm By Christine Caulfield

A judge has rejected calls to keep confidential the details of professional misconduct claims against the funder and lawyers behind the Banksia Securities class action, in a ruling that revealed that investors of the collapsed lender could recover $30 million more if allegations against the legal team are established at trial.

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‘Harsh and draconian’: Judge shoots down bid for class closure in combustible cladding action
Class Actions 2020-06-01 8:38 pm By Miklos Bolza

A court has dismissed a “harsh and draconian” class closure order sought by German cladding manufacturer 3A Composites in a class action against it over allegedly combustible cladding.

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