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Having their cake and ATEing it too? Class action funders face scrutiny for defraying risk
Analysis 2023-05-23 11:12 pm By Christine Caulfield

As the spotlight on class action costs grows, litigation funders can expect increased judicial scrutiny of their attempts to pass on the cost of after-the-event insurance premiums to class action members.

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EML takes aim at shareholder class action over AML/CTF disclosures
Class Actions 2023-05-23 10:13 pm By Cindy Cameronne

Payments processing company EML has hit back at a shareholder class action over its alleged failure to disclose Ireland central bankā€™s concerns about its anti-money laundering and counter terrorism financing compliance, claiming swathes of the case are liable to be struck out.

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Healthcare REIT can’t add claims against Dexus in trust takeover spat
Real Estate 2023-05-23 5:45 pm By Sam Matthews

Real estate investment trust NorthWest can amend its pleadings in a lawsuit alleging one of the countryā€™s largest unlisted healthcare property funds conspired to prevent it from acquiring a controlling stake, but has come up short in its bid to add to its claims against property giant Dexus.

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Judge tosses suit over $2M sale of cloud tech provider Experteq
Contracts 2023-05-23 9:32 pm By Sam Matthews

A judge has declined Expert Groupā€™s bid to bring court proceedings about the amount of an earn-out owed under its agreement to sell cloud services provider Experteq IT Services, finding the firm had agreed to resolve the matter by expert determination.

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Queensland charity founders win defamation case over Facebook posts
Defamation 2023-05-23 10:15 pm By Cindy Cameronne

The founders of farming charity Aussie Helpers have won a defamation case against a Victorian woman who made allegedly defamatory comments on Facebook that claimed they committed criminal fraud by using donations for personal purchases.

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CSIRO mulls lawsuit over gut-friendly wheat patent
Intellectual Property 2023-05-23 10:35 pm By Sam Matthews

CSIRO has won its bid to access samples of a wheat grain product with increased fibre, as it contemplates a possible patent infringement lawsuit against a South Australian food company.

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Ex-Continental Coal director sentenced for directors’ duty breach
Energy & Natural Resources 2023-05-23 11:59 pm By Gareth Baker

A former director of defunct mining and exploration company Continental Coal has been sentenced to eight monthsā€™ imprisonment for failing to act in good faith in performing his directors’ duties in relation to $1 million in bridging finance.Ā Ā 

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Banksia class action funder’s assets likely exceed $19M owing investors
Class Actions 2023-05-22 11:11 pm By Christine Caulfield

The value of assets held by companies linked to the late Banksia Securities class action funder is expected to top the $19 million owing on a court judgment against the fraudster and his c0-conspirators.

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‘Absurd and unworkable’: Lendlease pans ex-Greenwoods partner’s argument in tax dodge case
Employment 2023-05-22 9:16 pm By Cindy Cameronne

A sacked Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease has been criticised for claiming that whistleblower protections introduced in 2019 ā€œwouldnā€™t make senseā€ if they did not apply retroactively.

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High Court to weigh in on whether finger pointing allowed in arbitration
High Court 2023-05-22 1:20 pm By Sam Matthews

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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