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Tucker & Cowen loses second bid to dodge $17.5M Equititrust case
Legal Ethics 2019-10-07 12:00 pm By Miklos Bolza

Two name partners at law firm Tucker & Cowen have lost another attempt to dismiss a case brought against them by the receivers of failed fund manager Equititrust over $17.5 million in funds allegedly obtained by deceptive means.

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Sacked Russells lawyer wins round in case over dismissal
Restructuring & Insolvency 2019-08-20 4:05 pm By Christine Caulfield

A restructuring and insolvency solicitor who is suing Russells Lawyers for summarily dismissing him has largely won a discovery dispute over evidence in the case, with a judge ruling the lawyer could access communications between any of the partners related to his termination two years ago.

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Class action applicant can’t bring ‘shambolic’ case over side deal with funder
Class Actions 2019-05-22 9:23 pm By Amelia Birnie

One of two lead applicants in the settled Arasor shareholder class action has been denied leave to be heard over its $1 million personal expenses dispute with litigation funder International Litigation Partners after missing a filing deadline, with a judge calling its handling of the case “shambolic”.

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Queensland Sugar in sweet victory as Wilmar negligence case dismissed
Contracts 2019-05-13 9:13 pm By Christine Caulfield

Industry-owned Queensland Sugar Limited has succeeded in dismissing a court case brought by Wilmar Sugar Australia after record-high rainfalls led to a $60.8 million loss in 2010.

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Fight over funder’s ‘secret’ side deal in Arasor class action continues
Business of Law 2019-04-05 8:54 pm By Cat Fredenburgh

A judge has scheduled a two-day hearing to hear a dispute between investment group Caason Investments, a lead applicant in a shareholder class action against defunct laser technology company Arasor that settled last year for $19.25 million, and Singapore-based litigation funder International Litigation Partners over personal costs allegedly owed to the investment group under a “secret” side agreement.

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Judge won’t toss $17.5M Equititrust lawsuit against Tucker & Cowen
Restructuring & Insolvency 2019-03-19 11:34 pm By Cat Fredenburgh

A name partner at law firm Tucker & Cowen and the firm itself have lost their bid for summary dismissal of a lawsuit brought by the receiver of failed fund manager Equititrust seeking to recover $17.5 million allegedly acquired through deceptive means.

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Octaviar investors, class action funder dodge indemnity costs
Class Actions 2019-01-08 1:17 pm By Miklos Bolza

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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Funder was ‘moving force’ behind ‘doomed’ Octaviar class action, court told
Class Actions 2018-08-22 10:16 pm By Miklos Bolza

The Public Trustee of Queensland asked a court Wednesday for indemnity costs from a global litigation funder its says was the “real moving force” behind a dismissed investor class action it called a “nakedly speculative venture”.

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Judge in S&P class actions told to start from scratch with funder’s fee
Class Actions 2018-07-26 8:08 pm By Miklos Bolza

The amicus hired to assess the funder’s cut of a potentially record settlement in several class actions against S&P Global over toxic financial products has told the judge that if he’s considering approving a funding equalisation order, he should “start with a blank piece of paper” in calculating a reasonable funder’s commission.

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Judge slams confidentiality clause in settlement of S&P class actions
Class Actions 2018-07-24 9:33 pm By Miklos Bolza

The judge weighing a record settlement in multiple class actions against S&P Global over toxic financial products said Tuesday there was “no way” he would sign off on the deal while it stipulated that all funds be returned to the ratings agency in the event the settlement amount is disclosed.

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