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Judge rejects class closure bid ahead of mediation in On The Run class action
Class Actions 2021-02-08 12:35 pm By Miklos Bolza

A judge has rejected a class closure order application by the lead applicants in a class action against convenience store chain On The Run ahead of mediation, finding that the court does not have power to make such an order at a “relatively early” stage in a class action.

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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
Financial Services 2021-02-08 12:25 pm By Spencer Fowler Steen

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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Sparke Helmore off the hook as IOOF unit loses appeal of $76M judgment
Appeals 2021-02-05 6:34 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees failed to drag law firm Sparke Helmore into a case after it was hit with a $76.6 million judgment over breaches of duty in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group.

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Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
Class Actions 2021-02-05 5:29 pm By Spencer Fowler Steen

A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising “real concerns” about the small portion flowing to group members.

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Arrium class action at centre of brewing fight over contingency fee orders
Class Actions 2021-02-05 4:32 pm By Miklos Bolza

Whether a contingency fee order made in a Victoria Supreme Court class action can survive a transfer application to a NSW court could be the next high stakes class action issue for the courts.

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Barrister settles lawsuit over client loss in $24.5M property spat
Trials 2021-02-04 4:36 pm By Miklos Bolza

A Victorian barrister has reached a settlement on the eve of trial in a breach of fiduciary duty lawsuit brought by a former client who lost a court case over a $24.5 million real estate dispute.

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Fairfax rejected settlement offers with ‘bugger off letters’, Elaine Stead tells court
Defamation 2021-02-04 3:23 pm By Miklos Bolza

Venture capitalist Dr Elaine Stead is seeking indemnity costs after being awarded $280,000 in her defamation case against Nine-owned Fairfax, which she accuses of rejecting several settlement offers with “bugger off letters” and engaging in a “petulant campaign” of media coverage post-judgment.

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Ultra Tune founder wins injunction banning ex-girlfriend from releasing secret recordings
Defamation 2021-02-04 2:41 pm By Christine Caulfield

The wealthy founder of auto repair franchisor Ultra Tune has secured a temporary injunction against his ex-girlfriend and a former employee prohibiting them from distributing secret recordings after excerpts from one damaging audio file were published by Fairfax.

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Piper Alderman sues ex-partner who brought sex discrimination case
Employment 2021-02-04 11:42 am By Cat Fredenburgh

Law firm Piper Alderman has filed a lawsuit seeking payment of an alleged debt against a former senior partner who accused the firm of sex discrimination.

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J&J slammed for ‘wreckage’ of a case in pelvic mesh class action appeal
Class Actions 2021-02-03 3:39 pm By Miklos Bolza

A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a “wreckage” of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.

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