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Property group Cromwell loses discovery bid for case against hostile suitor ARA
Arnold Bloch Leibler 2020-10-21 11:44 am By Christine Caulfield

Real estate investment giant Cromwell Property Group will not get the court’s help in pursuing a case of “unlawful association” against its largest shareholder, Singapore-based ARA Group, which has made a $518 million hostile takeover bid, and the family of Chinese billionaire Gordon Tang.

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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Catherine Button 2020-10-15 11:47 am By Miklos Bolza

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Agriculture 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
Angus Christophersen 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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Elliott doesn’t have to give ‘full and frank’ explanation of alleged role in Banksia fee scandal
Anton Trichardt 2020-09-23 9:35 pm By Alison Eveleigh

An appeals court has set aside an order requiring Alex Elliott, the son of the funder behind the Banksia securities class action, to give a “full and frank” explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case.

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iSignthis now wants $464M in share suspension suit against ASX
Brendan Lim 2020-09-02 9:17 pm By Christine Caulfield

Fintech company iSignthis has upped its demand for damages in a lawsuit against ASX for a second time, filing documents with the Federal Court that claim the market operator’s decision to suspend its shares has cost it almost half a billion dollars.

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iSignthis racks up $1M legal bill in battle with ASX
Brendan Lim 2020-08-31 4:54 pm By Miklos Bolza

Fintech firm iSignthis has revealed that it has spent over $1 million in legal costs pursuing its $264 million lawsuit over misleading and deceptive conduct against the Australian Stock Exchange.

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ISignthis ups damages in case against ASX to $264M
Brendan Lim 2020-08-21 10:17 pm By Christine Caulfield

Fintech company iSignthis, which initially sought $27 million from the ASX in a suit alleging the market operator’s suspension of its share led to lost contracts, has increased the claim for damages to more than $264 million.

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iSignthis lawsuit fails to plead how ASX caused $27M in losses, court finds
Brendan Lim 2020-07-28 3:17 pm By Miklos Bolza

A lawsuit by iSignthis seeking over $27 million in damages from the ASX has been sent back for revision, after a judge found the fintech had failed to causally link how a report by the exchange led to lost contracts with five clients.

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Costs orders should be the exception in funded Fair Work cases, judge says
Brendan Avallone 2020-07-09 11:01 pm By Alison Eveleigh

The parties in a ‘sham’ contracting class action brought on behalf of telecommunications workers have both lost bids to recover interlocutory costs, with a judge noting that costs orders against funded litigants should be the exception rather than the rule in Fair Work litigation.

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