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Ben Roberts-Smith defamation trial vacated over coronavirus, national security concerns
Defamation 2020-05-08 10:27 pm By Christine Caulfield

The six-week trial in four defamation cases brought by war veteran Ben Roberts-Smith has been pushed off because of restrictions on in-person hearings and the Attorney-General’s decision to invoke national security law and cloak the proceedings in secrecy.

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Settling plaintiffs get first dibs on Parkerville bushfire defendant’s assets
Class Actions 2020-05-08 9:23 pm By Christine Caulfield

The first-past-the-post principle applies to enforcement of settlements in collective actions over a 2014 bushfire in Western Australia, a judge has held, in a ruling that could have ramifications for all class actions.

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Arnold Bloch Leibler wins access to Quindell due diligence docs
Corporate 2020-05-08 8:19 pm By Miklos Bolza

Arnold Bloch Leibler has been granted access to due diligence docs related to Slater and Gordon’s $1.2 billion acquisition of professional services firm Quindell, to use in its defence of a class action over advice it gave on the troubled acquisition.

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Top silk ‘joked’ with class action lawyer Mark Elliott about misleading fee expert, court told
Class Actions 2020-05-05 5:34 pm By Christine Caulfield

A prominent silk deliberately misled a cost consultant retained to provide an opinion on the barrister’s fees to a court overseeing a class action over the collapse of Banksia Securities, then joked about it with lawyer and litigation funder Mark Elliott, a judge has been told.

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Judge rejects funder’s bid to send Banksia class action fee dispute to mediation
Class Actions 2020-04-27 4:05 pm By Christine Caulfield

The funder behind the Banksia Securities class action has failed in a bid to have an outstanding case over legal fees and its commission sent to mediation, with a judge saying the issues for trial involve allegations against lawyers of serious misconduct not appropriate for closed-door negotiations.

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Media monitor Isentia loses bid to lower interim copyright fees
Intellectual Property 2020-04-23 5:06 pm By Christine Caulfield

The Copyright Tribunal has dismissed an application by media monitoring firm Isentia to lower per-clip rates payable to collecting house Copyright Agency, rejecting arguments the higher fees had led to a loss of customers.

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Class mulls options for talking to jailed Crown employees after appeals court defeat
Class Actions 2020-04-22 6:20 pm By Miklos Bolza

The lead applicant in a shareholder class action against Crown Resorts is considering alternative options for examining 18 former jailed employees after an appeals court found communication with the employees was impermissible given confidentiality agreements they had with Crown.

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Aurora Funds loses challenge to ruling over soured Molopo Energy takeover
Corporate 2020-04-21 12:56 pm By Christine Caulfield

A court has upheld two decisions by the Australian Government Takeovers Panel that a bid by asset manager Aurora Funds Management to replace Molopo Energy’s directors was made in “unacceptable circumstances”.

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Legitimacy of barristers’ $2.65M Banksia class action bill in question, court told
Class Actions 2020-04-20 2:42 pm By Miklos Bolza

Two barristers facing professional misconduct allegations in relation to the Banksia securities class action submitted more than $2.65 million in legal bills without documentation more than five years after the class action was filed and may have done so at the behest of funder Mark Elliott, a court has heard.

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Judge calls for legislative fix in wake of High Court’s common fund ruling
Class Actions 2020-04-09 1:50 pm By Christine Caulfield

Lamenting that he now has less flexibility to manage commission rates, a judge has called for legislative intervention to give courts authority to regulate funding arrangements at the outset of class actions, a power stripped from them by the High Court late last year.

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