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‘This pleading is a mess’: Judge slams liquidators’ case against Forge directors and auditors
Restructuring & Insolvency 2019-08-16 4:11 pm By Amelia Birnie

A judge has sent insolvency firm Ferrier Hodgson back to the drawing board to redraft its pleadings against the former directors and auditors of collapsed construction company Forge Group, warning that the overlapping actions were at risk of becoming an “unrideable bull”.

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Two firms, one funder out after judge consolidates RCR Tomlinson class actions
Class Actions 2019-08-15 10:01 pm By Amelia Birnie

Law firm Quinn Emanuel Urquhart & Sullivan will push forward with an investor class action against failed engineering company RCR Tomlinson on its own, with two firms driving competing actions agreeing to step down after a judge forcibly consolidated all three proceedings.

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‘This game is over’: judge ready to toss Iluka class action over ongoing funding dramas
Class Actions 2019-08-15 3:45 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have less than a week to lock-in a $1.25 million security for costs, after the judge overseeing the case asked if he was allowed to dismiss proceedings himself following six months of being “very patient” about ongoing funding dramas.

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Judge calls on ASIC, Austal to make ‘good faith’ effort to limit scope of privilege claims
Securities 2019-08-14 10:38 pm By Christine Caulfield

A judge has ordered ASIC and defence shipbuilder Austal to try to narrow the scope of documents at the centre of the regulator’s case challenging the company’s claims of legal professional privilege.

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Pitcher Partners ordered to hand over insurance docs in shareholder class actions
Class Actions 2019-08-14 8:24 pm By Miklos Bolza

Pitcher Partners has been ordered to hand over information about its professional indemnity insurance in two shareholder class actions over its role as Slater & Gordon’s auditor.

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ASIC drops market manipulation appeal against NAB contractor Whitebox
Securities 2019-08-12 3:36 pm By Amelia Birnie

ASIC has abandoned its market manipulation case against National Australia Bank contractor Whitebox Trading, just over a month after the financial regulator decided to appeal the Federal Court’s primary decision to throw out their case.

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‘Dangerous proposition’: Judge refuses early liability determination in Dick Smith insurer class action
Class Actions 2019-08-12 1:34 pm By Amelia Birnie

The plaintiffs in an investor class action brought against the insurers of Dick Smith have lost an early bid to determine the viability of their claim, amid concerns that the total value of five separate cases against the failed retailer will exhaust the $300 million limit of two insurance policies.

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Surfstitch, shareholders to make ‘last, final attempt’ at class action settlement
Class Actions 2019-08-09 8:07 pm By Amelia Birnie

The parties in two shareholder class actions brought against online fashion retailer Surfstitch will make one “last, final attempt” to resolve the proceedings in mediation after a proposed settlement was thwarted by a judge last year, a court heard Friday.

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Judge warns RCR Tomlinson class actions to ‘get their act together’, says litigation funding ‘not rocket science’
Class Actions 2019-08-09 8:04 pm By Amelia Birnie

The plaintiffs in three competing RCR Tomlinson shareholder class actions have been told to “get their act together” by the judge who forcibly consolidated their proceedings, after the parties revealed they were as yet unable to agree on joint funding terms.

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UGL settles shareholder class action over $900M Ichthys LNG project
Class Actions 2019-08-09 4:54 pm By Cat Fredenburgh

Engineering company UGL has reached an in-principle settlement in a class action alleging it kept shareholders in the dark about problems with a $900 million contract for a power plant for the Ichthys LNG project in the Northern Territory.

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