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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Class Actions 2019-11-01 3:30 pm By Cat Fredenburgh

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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Group members left with less than half of $18M UGL class action settlement
Class Actions 2019-10-29 1:50 pm By Christine Caulfield

UGL shareholders that signed up to a class action against the engineering company over disclosures related to its Ichthys power plant contract will get less than half of an $18 million settlement, even after the litigation funder takes a steep cut to its 30 per cent commission and the plaintiff’s firm caps its fees.

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Funder to appeal landmark ruling on security in Fair Work class actions
Employment 2019-10-28 4:51 pm By Miklos Bolza

A litigation funder is planning to challenge a landmark Federal Court ruling that found for the first time that funders can be ordered to pay security for costs in Fair Work class actions.

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Analysis 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Monster Energy fights removal of ‘mother’ trade mark
Intellectual Property 2019-10-25 5:37 pm By Cat Fredenburgh

Beverage giant Monster Energy has launched a Federal Court challenge to the removal of its ‘mother loaded iced coffee’ trade mark, part of a portfolio of Mother energy drink-related marks acquired from Coca Cola in 2015.

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Stage set for battle over court’s power to vary class action funding agreements
Analysis 2019-10-22 11:06 pm By Christine Caulfield

A judge’s decision refusing to approve a $42 million settlement in a shareholder class action against Murray Goulburn because of a “too high” funder’s commission has set the stage for a showdown over the power of courts to alter funding agreements, a battle potentially more consequential than the fight over common fund orders now before the High Court.

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Cash Converters to pay $42.5M to settle personal loans class action
Class Actions 2019-10-21 2:31 pm By Cat Fredenburgh

Cash Converters has agreed to pay $42.5 million to settle a class action brought on behalf of consumers that took out personal loans, after reaching a $16.4 million settlement last year in a class action over interest charged on short-term loans.

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Ex-Tennis Australia director can’t enforce ‘catch-all’ subpoenas for board member emails
ASIC 2019-10-18 11:25 pm By Christine Caulfield

Ex-Tennis Australia director and current Dentons partner Steve Healy, who is facing action by the corporate regulator over the broadcast rights to the Australian Open, has lost a bid for access to six years of emails between two other former board members.

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Courtside with the swift ‘Hammer’ of justice
People In The News 2019-10-18 2:06 pm By Amelia Birnie

Justice David Hammerschlag of the NSW Supreme Court has a way with words that readily lends itself to dramatic courtroom headlines. The “Hammer,” as he is known, also pulls no punches and is quick with one liners that keep counsel on their toes. Here, Lawyerly looks at some of the recent best moments inside courtroom 7D.

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Iluka class action doesn’t need cash to put up security, judge says
Class Actions 2019-10-16 11:00 pm By Cat Fredenburgh

The applicant in a shareholder class action against Iluka Resources can put up security for the company’s legal costs by way of two insurance deeds of indemnity, but a bid to use the deeds to replace the $1.25 million it earlier paid in cash security has failed.

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