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Downer class actions transferred to Victoria Supreme Court
Class Actions 2023-08-08 11:37 pm By Sam Matthews

The Federal Court has granted a bid by plaintiffs in competing class actions against Downer EDI to transfer their cases to the Victoria Supreme Court, where a four-way contest will take place.

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Judge approves ANZ class action settlement, signs off on ATE insurance cost
Financial Services 2023-08-02 11:16 pm By Christine Caulfield

ANZ’s $47 million settlement of a class action over its consumer credit insurance has been given the nod by a judge, who has also approved recovery of the cost of after-the-event insurance held by the law firm running the case.

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National Tiles boss Frank Walker can shield legal docs in fraud case by ousted director
Corporate 2023-07-31 11:41 pm By Christine Caulfield

A judge has sided with National Tiles founder Frank Walker over the privilege status of advice from his lawyers in a case by a former director alleging Walker falsified minutes of a crucial company board meeting, saying the evidence on its face did not suggest the minutes had been fabricated.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
High Court 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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Judge orders ‘soft’ class closure in flex commissions class actions
Class Actions 2023-07-21 10:53 pm By Cindy Cameronne

Westpac, Macquarie and ANZ have won soft class closure orders ahead of mediation in three class actions over flexible commissions schemes after a judge found they will improve the chances of settlement.  In a judgment handed down on Thursday, Victoria Supreme Court Justice Lisa Nichols ordered that group members have to formally register in the…

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Slew of insurers added to Virgin bond holders class action
Class Actions 2023-07-17 4:49 pm By Cindy Cameronne

A judge overseeing a class action accusing Virgin Australia of failing to disclose its true financial position in a $324 million capital raising prospectus has joined a dozen insurers to the proceeding, which he said had “regrettably languished”.

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SkyCity may test AUSTRAC’s mettle at trial, judge says
AUSTRAC 2023-07-14 9:36 pm By Cindy Cameronne

SkyCity may be the first company to test the strength of AUSTRAC’s claims in court, according to a judge who recently said in a separate case that the regulator’s habit of agreeing to penalties could give rise to a “moral hazard”.

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Nuix’s discovery bill questioned in legal costs fight with former CEO
Employment 2023-07-12 3:41 pm By Gareth Baker

A court has queried Nuix’s claim for $500,000 in discovery expenses in an unsuccessful suit by former CEO Edward Sheehy over share options, and has said the legal bill of Sheehy would be taken into account in calculating Nuix’s costs.

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Downer EDI class actions call for stay of rival cases in four-way fight
Class Actions 2023-07-11 5:13 pm By Christine Caulfield

The applicants in competing class actions against Downer EDI have set out their proposals for the courts overseeing the cases, with two calling for orders staying the proceedings of their rivals, and another seeking consolidation.

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