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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Appeals 2020-10-02 1:54 pm By Christine Caulfield

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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Murray Goulburn class action judge considered revisiting case in light of Banksia scandal
Class Actions 2020-09-29 11:56 pm By Christine Caulfield

The judge overseeing a settled class action against Murray Goulburn, which earned millions of dollars for the same legal team accused of serious misconduct in the running of the Banksia class action, invited the parties last month to reopen the case, concerned he had been misled when approving the lawyers’ costs.

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Proportionality no basis to deny fees in $7M QRxPharma class action settlement, judge says
Class Actions 2020-09-29 3:12 pm By Miklos Bolza

A judge has approved a $7 million settlement in a class action against the directors of pharmaceutical company QRxPharma, only a third of which will go to group members, saying proportionality was not a basis for rejecting fees that were otherwise fair and reasonable.

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Ardent Leisure hit with $3.6M fine over Dreamworld deaths
White Collar 2020-09-28 10:19 pm By Cat Fredenburgh

A judge has fined Ardent Leisure $3.6 million after the operator of the Dreamworld theme park pleaded guilty to three charges stemming from the 2016 deaths of four people on the park’s now demolished Thunder River Rapids ride.

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GetSwift won’t give up bid for judge’s disqualification in class action
Class Actions 2020-09-28 12:24 pm By Christine Caulfield

GetSwift is keeping up its fight to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in the corporate regulator’s case against the logistics provider.

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Prepping large class action for trial no reason for relief from COVID-19 restrictions, top judge says
COVID-19 2020-09-24 4:14 pm By Christine Caulfield

The need to properly prepare a large commercial class action is not reason enough to relieve lawyers of COVID-19 restrictions aimed at protecting the health and safety of Victorians, the Federal Court’s chief judge has said in explaining why he denied a bid by the Melbourne-based legal team behind the Crown Resorts class action to have the case declared a priority.

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Funder will take loss in $7M QRxPharma class action settlement
Class Actions 2020-09-23 3:04 pm By Miklos Bolza

The funder backing a shareholder class action against the directors of pharmaceutical firm QRxPharma will not seek to profit from a $7 million settlement in order to bring about a better return for group members, a judge has been told.

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Judge again rejects priority application in Crown Resorts class action
Class Actions 2020-09-23 2:48 pm By Cat Fredenburgh

A judge has denied a request to grant priority status to a shareholder class action against Crown Resorts that would have allowed the Melbourne-based legal team running the case to access childcare and leave their homes for work while the state of Victoria remains in lockdown.

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