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Judge signs off on $30M settlement in liquidator’s LM Investment case
Restructuring & Insolvency 2019-05-23 3:16 pm By Christine Caulfield

A Queensland Supreme Court judge has given the green light for a $30 million settlement of a liquidator’s case against failed financial services firm LM Investment Management, saying the result was appropriate and “a matter of some public interest”.

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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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High Court to clarify meaning of ‘officer’ under Corporations Act
Appeals 2019-05-21 2:46 pm By Cat Fredenburgh

The High Court has granted ASIC special leave to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, after ASIC argued the High Court should intervene to clarify the scope of the word “officer” under the Corporations Act.

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Trial in Fitch Ratings class action delayed a second time
Class Actions 2019-05-13 10:43 pm By Cat Fredenburgh

A battle over expert evidence in an invester class action against Fitch Ratings has delayed this month’s scheduled trial in the case by three months and forced the court to send the parties’ experts into conclaves.

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Judge shoots down ASIC’s ‘amorphous’ request for inquiry into liquidators
Restructuring & Insolvency 2019-05-10 3:24 pm By Miklos Bolza

A judge has dismissed an application by the Australian Securities and Investments Commission to investigate two Sydney-based liquidators, saying the regulator had failed to prove its suspicions about the pair.

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High Court refuses special leave to losing GetSwift class action
Appeals 2019-04-18 10:48 am By Christine Caulfield

The battle over competing shareholder class actions against logistics tech company GetSwift is over, with the High Court rejecting a bid by one of the losing class action applicants to take another look at their case.

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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 groupĀ 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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Two GetSwift shareholders opt out of class action, say company should put ‘legal obstacles’ behind it
Class Actions 2019-04-01 12:51 pm By Cat Fredenburgh

GetSwift shareholders Clutterbuck Capital Management and KPT Capital have opted out of a class action against the logistics services provider, blasting the “inappropriate and questionable” actions by some involved in the class action proceedings.

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Sanitarium, Rebel lose appeal over $1.4M promotion campaign
Contracts 2019-03-29 8:50 pm By Miklos Bolza

Cereal giant Sanitarium and retailer Rebel Sports have lost their appeal against a decision of the NSW Supreme Court staying proceedings against a UK marketing company in a dispute over a $1.4 million joint promotional campaign.

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Commonwealth Bank told investors Sigma credit rating withdrawal a ‘technical’ issue
Class Actions 2019-03-21 5:04 pm By Cat Fredenburgh

The Commonwealth Bank of Australia, facing cross-claims by credit ratings agency Fitch in a class action alleging it gaveĀ false or misleading double A and triple A ratings to synthetic CDOs backed by Sigma Financial, told investors Fitch’s withdrawal of Sigma’s credit rating prior to the collapse of theĀ $27 billion investment fundĀ was a “technical” issue, the bank has admitted.

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