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ā€˜This is why I hate categories of discoveryā€™: Judge won’t let ASIC have another year of GetSwift docs
Class Actions 2019-08-20 9:43 pm By Amelia Birnie

The judge overseeing proceedings brought against logistics company GetSwift has refused the corporate regulatorā€™s request for another yearā€™s worth of documents, saying it could effectively require the company to start the discovery process over again.

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Two firms, one funder out after judge consolidates RCR Tomlinson class actions
Class Actions 2019-08-15 10:01 pm By Amelia Birnie

Law firm Quinn Emanuel Urquhart & Sullivan will push forward with an investor class action against failed engineering company RCR Tomlinson on its own, with two firms driving competing actions agreeing to step down after a judge forcibly consolidated all three proceedings.

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Cladding maker 3A Composites points finger at third parties in class action defence
Class Actions 2019-08-13 6:15 pm By Miklos Bolza

German cladding manufacturer 3A Composites has denied that its cladding is unsafe and caused class members loss and damage, instead pointing the finger at unknown third parties and arguing the Federal Court does not have jurisdiction to hear the matter.

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Judge warns RCR Tomlinson class actions to ā€˜get their act togetherā€™, says litigation funding ‘not rocket science’
Class Actions 2019-08-09 8:04 pm By Amelia Birnie

The plaintiffs in three competing RCR Tomlinson shareholder class actions have been told to ā€œget their act togetherā€ by the judge who forcibly consolidated their proceedings, after the parties revealed they were as yet unable to agree on joint funding terms.

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$6M Bank of Queensland class action settlement one claim under insurance policy, appeals court says
Insurance 2019-08-06 9:19 pm By Miklos Bolza

An appeals court has found insurers AIG Australia and Catlin Australia have to cover part of a $6 million settlement agreed to by Bank of Queensland last year in a class action brought by investors in a multimillion dollar Ponzi scheme by jailed fraudster Bradley Sherwin.

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RCR Tomlinson class actions to be consolidated whether parties ‘agree or not’
Class Actions 2019-08-05 6:15 pm By Amelia Birnie

The judge overseeing three competing shareholder class actions brought against RCR Tomlinson has refused to entertain a beauty contest, instead deciding to consolidate the proceedings whether the parties ā€œagree or notā€.

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Grocon appeals $13.9M ruling in Brisbane CBD lease dispute
Real Estate 2019-07-29 10:16 am By Miklos Bolza

The Federal Court has given the Victorian arm of Grocon Constructors more time to comply with a $13.9 million judgment in an ongoing lease dispute over a Brisbane office tower, after the construction company promised to file its appeal of the ruling “with diligence and expedition”.

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Judge promises no ‘mystery tour’ in Takata air bags class actions
Class Actions 2019-07-25 4:23 pm By Miklos Bolza

The judge overseeing seven class actions against car makers over defective Takata airbags has shot down the applicants’ opposition to a soft class closure order in advance of mediation, saying the cases would not be aĀ “mystery tour” from here on out.

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$43.2M lease demand slashed after judge finds Dexus unreasonable
Real Estate 2019-07-23 1:30 pm By Amelia Birnie

A judge overseeing a lease dispute in relation to a Brisbane CBD office tower has slashed a $43.2 million statutory demand against construction company Grocon by more than two thirds, finding property management firm Dexus was unreasonable to demand payment just two business days after issuing its invoices.

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Cleveland-Cliffs unit keeps counterclaim alive in dispute over $2.5B Koolyanobbing mine contract
Energy & Natural Resources 2019-07-11 4:30 pm By Miklos Bolza

A subsidiary of US mining giant Cleveland-Cliffs has won a fight to keep its counterclaim against a contractor alive in a dispute over the Koolyanobbing iron ore mine in Western Australia.

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