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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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ASIC seeks provisional liquidators for Chinese bottled water co.
Restructuring & Insolvency 2018-11-26 10:44 am By Cat Fredenburgh

ASIC wants provisional liquidators appointed to Chinese bottled water supplier Tianmei Beverage to determine whether the company has breached the Corporations Act and should be wound up, just two years after the company went public.

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Leyonhjelm keeps up parliamentary privilege fight in Sarah Hanson-Young case
Defamation 2018-11-26 10:19 am By Christine Caulfield

Liberal Democrat senator David Leyonhjelm has made good on his threat to challenge a ruling that kept alive a defamation lawsuit brought by Greens senator Sarah Hanson-Young after he accused her of labelling all men rapists on the sidelines of a Senate debate.

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Ex-Aussie Home Loans CEO wins halt to $1M judgment for private equity firm
Financial Services 2018-11-23 11:30 pm By Cat Fredenburgh

Former Aussie Home Loan boss Stephen Porges has secured a temporary stay of a ruling that found he owed Adcock Private Equity more than $1 million for duping the firm into buying his worthless shares in a digital commerce startup.

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Ex-Retail Food Group head can’t dodge franchise committee
Franchises 2018-11-23 10:55 pm By Cat Fredenburgh

The High Court has shot down a request by the former head of food franchisor Retail Food Group that it relieve him from having to appear before a Parliamentary Committee looking into the Franchise Code of Conduct.

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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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ACCC dragging its feet with Captain Cook case, court hears
Competition & Consumer Protection 2018-11-23 3:11 pm By Miklos Bolza

Vocational education provider Captain Cook College has panned the ACCC for delaying its recently filed case against the college by failing to prepare a statement of claim, despite already publicising the proceedings.

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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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Engineering firm RCR Tomlinson appoints administrators
Restructuring & Insolvency 2018-11-22 11:00 pm By Cat Fredenburgh

Engineering and infrastructure firm RCR Tomlinson has been put into administration, a few days after being hit with a shareholder class action over $57 millionĀ in write-downs on two of its North Queensland solar farms.

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