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JPMorgan witnesses grilled as banks seek to poke holes in ANZ cartel case
Competition & Consumer Protection 2019-12-05 9:21 pm By Miklos Bolza

Two key witnesses from JPMorgan have been grilled by lawyers for three major investments banks named in a high-stakes criminal cartel case as the banks seek to cast doubt on how the ACCC gathered evidence during its almost two-year cartel investigation.

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Higher commission rates, more closed class actions to follow High Court ruling
Analysis 2019-12-04 10:36 pm By Christine Caulfield

The end of the common fund order is a setback for class actions that will see a revival of the days of closed proceedings, costly bookbuilding, higher commission rates and the shelving of worthy but risky cases, experts say, and all eyes will now turn to state and federal governments to see how they respond to calls for legislative intervention.

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Clive Palmer ‘didn’t like the price’ of Twisted Sister licence, court hears
Intellectual Property 2019-12-04 1:58 pm By Miklos Bolza

Billionaire and former politician Clive Palmer knew he needed a licence to use Twisted Sister’s hit song ‘We’re Not Gonna Take It’ but went ahead and used the song anyway in his political campaign ads because he “didn’t like the price,” the Federal Court has heard.

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5 takeaways from the High Court’s common fund ruling
Class Actions 2019-12-04 1:43 pm By Christine Caulfield

More than a decade after the High Court ruled that third parties could finance legal proceedings in Australia, the court has issued another game changing decision that puts limits on what judges will do to help a litigation funder out. Here, Lawyerly gives you a quick guide to the key takeaways from Wednesday’s judgment.

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Common fund orders in class actions dealt fatal blow by High Court
Class Actions 2019-12-04 10:12 am By Christine Caulfield

Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.

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Domino’s attacks class action, says franchisee representations were opinion not fact
Class Actions 2019-12-03 11:34 pm By Cat Fredenburgh

Fast food giant Domino’s has denied allegations that it violated consumer law with the representations it made to franchisees about the agreements its workers were covered under, saying it was only giving franchisees its opinion.

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Clive Palmer accused of ‘moral obloquy’ in $37.4M class action by timeshare members
Class Actions 2019-12-03 9:08 pm By Cat Fredenburgh

Clive Palmer and associated companies have been accused of unconscionable conduct and “moral obloquy” in a new $37.4 million class action by timeshare members of the billionaire’s now abandoned Palmer Coolum Resort.

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Settlement approval in second Murray Goulburn class action could be ‘messier’, judge says
Class Actions 2019-12-03 2:01 pm By Christine Caulfield

A judge has rejected a proposal to jointly hear argument for approval of settlements in two class actions against milk supplier Murray Goulburn, saying the issues in one case — led by the legal team under scrutiny for alleged professional misconduct in a separate class action — could be more complicated.

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All eyes on High Court as ruling on common fund orders looms
Feature 2019-12-02 11:24 pm By Christine Caulfield

The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.

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Court finds Atlas liquidators entitled to view Ashurst advice
Restructuring & Insolvency 2019-12-02 3:16 pm By Miklos Bolza

The liquidators of Atlas Construction have won access to advice supplied by law firm Ashurst as they pursue examination proceedings against two of the company’s former directors.

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