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Judge mulling $38.4M Estia settlement hears class closure rulings ‘plainly wrong’
Class Actions 2021-05-04 2:49 pm By Miklos Bolza

A judge weighing a $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been told that two NSW Court of Appeal judgments barring class closure were “plainly wrong”, but in deciding whether to lock group members out of the settlement the judge says he won’t need to grapple with the landmark rulings.

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Judge rejects 7-Eleven’s ‘risky’ bid for pre-trial ruling on objections to evidence
Class Actions 2021-05-03 9:37 pm By Miklos Bolza

A judge has shot down what he called a “risky” but novel proposal by 7-Eleven for a pre-trial ruling on sample objections to the relevance of evidence in two franchise class actions.

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WA denies breach of duty in stolen wages class action
Class Actions 2021-05-03 6:05 pm By Miklos Bolza

The Western Australian state government has hit back at a class action brought by Indigenous workers seeking to recover unpaid wages, saying there was no breach of duty because the law at the time allowed the workers to be employed without pay.

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Court OKs $440M settlement in Queensland floods class action
Class Actions 2021-05-03 2:46 pm By Christine Caulfield

A $440 million settlement by the State of Queensland and dam operator Sunwater resolving a class action over the 2011 Queensland floods has been approved by a NSW judge.

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First overseas funder wins licence to back class actions in Australia
ASIC 2021-04-30 3:33 pm By Miklos Bolza

UK-based Woodsford Litigation Funding has become the first overseas funder authorised to finance Australian class actions under recent laws cracking down on the litigation funding industry.

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Director can’t represent Oculus in Guvera investor class action
Class Actions 2021-04-30 2:57 pm By Cat Fredenburgh

A director of Gold Coast accounting firm Oculus has lost his bid to represent the company in a class action by investors in failed music streaming platform Guvera, with a judge unconvinced the company lacked the means to fund the litigation and finding the director was not suitable to represent the company.

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Law firm should rethink putting up own solicitor as expert in group costs order bid, judge says
Class Actions 2021-04-30 12:03 pm By Christine Caulfield

The judge overseeing the first ever bid for a group costs order in a class action that will give the plaintiff’s law firm a percentage cut of the proceeds has urged the firm to rethink characterising its own solicitor as an expert.

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Class action accuses Hog’s Breath CafĂ© director of using franchisee funds to pay girlfriend
Franchises 2021-04-29 5:34 pm By Miklos Bolza

Restaurant chain Hog’s Breath CafĂ© is facing a class action for allegedly misappropriating franchisee funds meant for advertising, including by paying a director’s girlfriend as a “consultant”.

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Group size trimmed in aged care class actions over COVID-19 outbreaks
COVID-19 2021-04-28 9:07 pm By Cindy Cameronne

Staff members who worked for two Melbourne aged care providers will be removed as group members in class actions accusing the homes of negligently handling the coronavirus pandemic.

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Judge puts class action lawyers on notice to reduce costs with junior barristers
Class Actions 2021-04-28 3:02 pm By Miklos Bolza

A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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