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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Class Actions 2022-09-28 11:40 pm By Sam Matthews

The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus” for group members.

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Corelogic wins bid to nix copyright infringement case over data scraping
Intellectual Property 2022-09-26 4:49 pm By Cindy Cameronne

A judge has struck out claims accusing Corelogic of unauthorised scraping of confidential information from building information provider BCI Media’s copyright-protected leads platform, finding the case was “defective and deficient in many respects”.

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Westpac slams ‘disorderly’ shareholder class action over AUSTRAC disclosures
Class Actions 2022-09-16 2:42 pm By Sam Matthews

Westpac has criticized the lead applicant in a class action filed in the wake of AUSTRAC proceedings for the “disorderly” conduct of the lagging proceedings, with discovery yet to be finalized as the case nears its third anniversary.

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Arbitrator whose wife repped Gina Rinehart can hear family feud over mining assets
Energy & Natural Resources 2022-09-09 1:42 pm By Cindy Cameronne

An appeals court has refused a bid by Bianca Rinehart and John Hancock to block an arbitrator from deciding a long-running dispute over valuable mining assets, despite his wife having acted for Gina Rinehart in related proceedings.

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Class action funder must indemnify Virgin despite ‘nonsensical’ agreement
Class Actions 2022-09-02 10:14 pm By Cindy Cameronne

A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.

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Class action against Westpac says bank’s discovery not up to Worley standard
Class Actions 2022-08-24 11:17 pm By Christine Caulfield

Westpac and the lead applicant in a class action filed in the wake of AUSTRAC proceedings are still battling it out over discovery of evidence three years into the case. And the applicant claims the bank’s discovery protocol fails the new test set by the Full Federal Court earlier this year.

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Law firms’ agency agreement prevails over ‘opaque’ funding in Nuix class action battle
Class Actions 2022-08-23 11:04 pm By Sam Matthews

Law firms Shine Lawyers and Phi Finney McDonald have won a contest to jointly run a class action against embattled tech company Nuix, with rival Banton Group losing out on its “opaque” funding agreement.

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No jackpot for Aristocrat, with High Court split on computer-implemented inventions
High Court 2022-08-17 11:12 pm By Cindy Cameronne

Gaming giant Aristocrat Technologies has lost its legal challenge to a decision that rejected a patent for its popular Lightning Link electronic poker machine, after six High Court Justices were equally split on whether it could be patented.

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Globaltech’s mining survey patent faces second challenge
Appeals 2022-08-10 10:58 pm By Cat Fredenburgh

A Globaltech patent for mining survey tools is facing another test, with rival technology company Reflex Technologies lodging an appeal after its invalidity challenge flopped.

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Nimble Money wins appeal in shareholder’s bid to peek at books
Financial Services 2022-08-08 11:03 pm By Cindy Cameronne

The largest shareholder in payday lender Nimble has lost its challenge to a decision blocking it from accessing company documents about an impending debt refinance, with an appeals court finding the investor’s concerns had “an air of commercial unreality”.

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