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Are the courts really plagued by duplicative class actions?
Analysis 2023-05-15 12:39 pm By Christine Caulfield

A fed-up judge has vented his frustration with the problem of competing class actions in a move that appears to punish the second filed case against Medibank. But is he right that the courts are increasingly being asked to deal with duplicative proceedings? And was his order really all that drastic?

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ā€˜Not fit for purposeā€™: Court’s remarks on serious harm test show flaws in defamation law
Analysis 2023-05-12 4:14 pm By Cindy Cameronne

A recent decision by the Federal Court that questioned whether the introduction of a serious harm test in defamation law could infringe the Judiciary Act has shone a light on the need for a federal defamation framework, legal experts say.Ā 

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‘Well behind where they ought to be’: Recent data breaches a wake up call for law firms
Analysis 2023-05-08 11:46 pm By Sam Matthews

With legal practices shaping up as a ripe target for cyberattacks, experts say many firms have a long way to go in implementing best practice cybersecurity to avoid potentially ā€œcatastrophicā€ outcomes.

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Katy Perry loss shows fame no ticket to ride ‘roughshod’ over trade mark owners
Analysis 2023-05-01 12:36 pm By Christine Caulfield

An infringement ruling against US singer Katy Perry in a case brought by an Australian fashion designer is a “win for the little guy”, experts say, showing that fame doesn’t give celebrities a blank cheque to exploit their brand at the expense of someone’s else’s registered trade mark.

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Anti-money laundering regime a ‘blunt instrument’ to apply to lawyers
Analysis 2023-04-24 2:42 pm By Cindy Cameronne

Reforms that would make lawyers subject to the anti-money laundering and counter terrorism financing regime have received mixed reviews from legal professionals, with one expert saying the regime was a ā€œblunt instrumentā€ and could put lawyers in an ill-suited policing role.Ā 

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Restructuring & Insolvency 2023-04-19 1:29 pm By Sam Matthews

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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Class action settlements approach $8 billion mark
Analysis 2023-04-18 10:31 pm By Cindy Cameronne

Approved settlements in class actions since the regime was enacted are set to top $8 billion this year, according to a new report ranking the busiest litigation funders, which found most class action mega settlements were not funder backed.

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Class actions dropped to six-year low in 2022
Analysis 2023-04-18 10:13 pm By Cindy Cameronne

Last year saw the lowest number of new class action filings in Australia since 2016, according to a new report.

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GCOs drive funding commissions down
Analysis 2023-04-18 11:07 pm By Sam Matthews

According to a new report that details the highs and lows of litigation funder cuts in class action settlements, funders’ returns have dropped considerably since contingency fees were introduced in Victoria.

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Unfunded shareholder class actions on the rise
Analysis 2023-04-18 10:13 pm By Sam Matthews

While shareholder class actions have been the bread and butter of litigation funders, a new report has revealed the rise of shareholder class actions brought by lawyers without the backing of third-party funding, especially in contingency fee-friendly Victoria.

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