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Funder in Toyota class action wants up to 30% commission
Class Actions 2019-10-10 10:25 pm By Christine Caulfield

The litigation funder bankrolling a new class action against Toyota over allegedly faulty filters in its diesel models is looking to earn a step-up commission of between 20 and 30 percent of any recovery in the case.

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UDP wins $25M from insurers over doomed 5 Star Foods deal
Corporate 2019-10-10 5:27 pm By Miklos Bolza

Hong Kong-based UDP was entitled to $25 million from its insurers after losing more than $30 million from its disastrous acquisition of dairy conglomerate 5 Star Foods, which had been secretly overcharging one of its biggest customers, food giant Lion Nathan Group.

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Judge refuses access to insurance policy in Advanta Seeds class action
Class Actions 2019-10-10 5:06 pm By Amelia Birnie

The plaintiffs in a farming class action brought against Advanta Seeds over allegedly contaminated sorghum have been denied access to the defendant’s insurance policy documents, after a judge found “significant differences” with a recently successful application in a class action against Radio Rentals.

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Insurer QBE claims Opal Tower cracking not ‘major’
Insurance 2019-10-10 4:33 pm By Amelia Birnie

QBE Underwriting has defended its decision to deny insurance coverage to the builder of Sydney’s troubled Opal Tower development, claiming the cracking was not “major” and did not cause last year’s Christmas Eve evacuation.

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Market-based causation on the line as first shareholder class action judgment looms
Securities 2019-10-09 11:16 pm By Christine Caulfield

The judge who presided over a rare securities class action trial last year against department store Myer will deliver judgment in the case this month that could be the first ruling on causation in Australian shareholder class actions and has the potential to have a chilling effect on law firms bringing the cases.

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High Court finds Connective Services broke the law with share transfer litigation
Appeals 2019-10-09 8:59 pm By Miklos Bolza

The High Court has shut down a lawsuit by mortgage aggregator Connective Services over the transfer of one third of the company’s shares after finding the proceeding prejudiced shareholders and contravened the Corporations Act.

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Smiles Inclusive may face investor class action over IPO
Class Actions 2019-10-09 6:37 pm By Amelia Birnie

National law firm Holding Redlich is investigating a shareholder class action against Smiles Inclusive, just one week after the embattled Gold Coast dental company reported a $31 million statutory loss.

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Ford class action judge considers cash security in ‘war and peace of discovery’ disputes
Class Actions 2019-10-09 5:19 pm By Amelia Birnie

The judge overseeing the long-running class action over allegedly faulty Ford PowerShift transmissions has told the applicants they might need to put up considerable cash security to cover the “war and peace of discovery” disputes, after Ford slammed the delayed request for documents as “complete and utter nonsense”.

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Examination proceedings brought against Linchpin Capital directors
Restructuring & Insolvency 2019-10-09 4:06 pm By Miklos Bolza

Three former directors of billion-dollar financial advisory firm Linchpin Capital Group will face two days of questioning in examination proceedings filed on behalf of an investor five months after the company was wound up for running an unregistered investment scheme and misleading investors.

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Aristocrat wins Konami’s tax returns ahead of IP damages hearing
Intellectual Property 2019-10-09 3:12 pm By Miklos Bolza

Gaming giant Aristocrat Technologies Australia can look over the tax returns of rival Konami Australia as the two companies prepare for next week’s hearing over how much Konami should pay in damages for patent infringement.

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