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Concerns about courts wading into funding commission rates ‘exaggerated’, judge says
Adam Hochroth 2021-01-29 10:08 pm By Christine Caulfield

Concerns behind criticism that courts aren’t equipped to assess a class action funder’s commission are exaggerated, and the fixing by judges of reasonable remuneration, at least in other cases, is nothing new, a Federal Court judge has said.

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Accused NAB scammer Helen Rosamond can’t vary freezing order to pay legal bills
David Pritchard 2021-01-20 4:16 pm By Spencer Fowler Steen

NAB has succeeded in blocking accused scammer Helen Rosamond and her executive services company Human Group from varying a freezing order in a case over an alleged $51 million fraudulent scheme so that she can pay her legal bills and living expenses.

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Judge OKs IAG class action settlement, rejects funder’s bid to recoup insurance
Adam Hochroth 2020-12-17 3:01 pm By Christine Caulfield

A judge has signalled his intention to sign off on a $138 million settlement in a class action against IAG and approve a common fund order that gives the litigation funder a $34.5 million commission, but an application by the funder for reimbursement of after-the-event insurance has been refused.

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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
Allen & Overy 2020-11-27 6:58 pm By Spencer Fowler Steen

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
Allen & Overy 2020-11-23 10:32 pm By Spencer Fowler Steen

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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Litigation funder wins appeal over security for costs in Fair Work class actions
Adero Law 2020-11-10 2:25 pm By Christine Caulfield

Litigation funder Augusta Ventures has won its challenge to a landmark ruling that it pay $3.1 million in security for the costs of two Fair Work class actions it is financing on behalf of casual mine workers.

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Rio Tinto execs want ASIC trial vacated due to COVID-19
Allen & Overy 2020-11-04 2:21 pm By Cat Fredenburgh

Two former executives of mining giant Rio Tinto accused by ASIC of breaching their directors duties have asked the court to vacate an upcoming trial, after raising concerns that COVID-19 could affect their ability to appear.

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ATO appeals Crown victory over GST on high roller junkets
Appeals 2020-11-03 4:24 pm By Cat Fredenburgh

The Australian Taxation Office is challenging a victory by two Crown Resorts’ casinos in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to the casinos.

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Judge says video would be ‘inappropriate’ in Westpac class action opt out notice
Allens 2020-09-30 4:15 pm By Christine Caulfield

A judge has scrapped a proposed video link sought by Slater and Gordon to be included in an opt out notice to group members in a class action over alleged junk insurance sold by Westpac, saying the video had the “flavour” of promoting the proceeding.

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NAB units ordered to pay $57.5M in ASIC fees for no service case
ASIC 2020-09-11 11:28 pm By Cat Fredenburgh

The Australian Securities and and Investments Commission has won a $57.5 million judgment against two units of National Australia Bank for making misleading representations to superannuation customers regarding $100 million in fees charged for services they never received, far short of the $125 million sought by the corporate regulator.

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