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Funders’ cut won’t exceed 25% in Spotless class action
Class Actions 2018-11-27 3:45 pm By Christine Caulfield

The two funders paying for a shareholder class action against facility services company Spotless Group want 25 percent of any net settlement or judgment in the case, a rate that mirrors the commission approved in a common fund order now at the centre of a constitutional challenge.

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Quinn’s fees, funder’s cut slashed in Bank of Queensland class action settlement
Class Actions 2018-11-26 10:47 pm By Cat Fredenburgh

A judge has taken a hatchet to Quinn Emanuel’s fees and the funder’s cut in a $12 million settlement of a class action against Bank of Queensland, a settlement which he previously described as one of the “worst” he’d ever seen.

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Judge OKs cut to $30M Palm Island class action settlement for financial advice
Class Actions 2018-11-26 4:01 pm By Christine Caulfield

A judge has signed off on an application to set aside a portion of a $30 million settlement in a class action over the 2004 Palm Island riots for financial counselling for registered group members, saying the court had the power to make the landmark order.

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ALRC’s ‘leave to proceed’ proposal slammed as de facto class certification
Class Actions 2018-11-26 1:29 pm By Cat Fredenburgh

A late proposal by the Australian Law Reform Commission to introduce a ‘leave to proceed’ mechanism into class actions has been blasted by a major litigation funder and a plaintiffs-side law firm as a de facto class certification procedure that would ramp up costs and add years of delay to cases.

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Squire Patton Boggs refuses to hand over GetSwift group member details
Class Actions 2018-11-23 8:36 pm By Miklos Bolza

Squire Patton Boggs has refused a request by rival Phi Finney McDonald for the details of group members it signed up to its now stayed shareholder class action against GetSwift, a court has learned, in the latest show of resistance by the losing law firm.

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Fitch expert challenged in investor class action over toxic CDOs
Class Actions 2018-11-23 5:37 pm By Miklos Bolza

An expert witness in an investor class action against Fitch Ratings over toxic financial products is no expert at all, the lead applicant told the court in contesting the admissibility of the expert’s evidence.

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Law firm calls for scrutiny of short sellers in class actions
Class Actions 2018-11-23 2:50 pm By Christine Caulfield

A leading law firm has called for a closer look at the increasing involvement of short sellers in shareholder class actions, saying any review that flows from the current inquiry should examine whether short sellers should be allowed to join the legal proceedings.

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Funder in Dick Smith class action won’t guarantee lower commission amid delays
Class Actions 2018-11-22 4:53 pm By Miklos Bolza

Litigation funder Investor Claim Partner won’t promise it will maintain a lower commission rate in one of the Dick Smith class actions if mediation is delayed to next year.

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Telstra contractor faces ‘sham’ contracting class action by 4,000 technicians
Employment 2018-11-22 2:07 pm By Christine Caulfield

In what could be the largest employment class action ever brought, Telstra contractor Tandem Corp has been accused of unlawfully designating thousands of telecommunications technicians as independent contractors, avoiding overtime, leave and other benefits to the workers. The “sham” contracting class action, filed Wednesday by Shine Lawyers in the Federal Court, alleges Tandem, formerly ISG…

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What you need to know about the GetSwift ruling
Analysis 2018-11-21 11:55 pm By Christine Caulfield

The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.

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