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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Aviation 2022-09-28 11:40 pm By Sam Matthews

The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus” for group members.

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Class action funder must indemnify Virgin despite ‘nonsensical’ agreement
Aviation 2022-09-02 10:14 pm By Cindy Cameronne

A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.

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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
Appeals 2022-08-31 11:30 pm By Christine Caulfield

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

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Virgin says funder’s $5M security in investor class action ‘unsatisfactory’
Aviation 2022-08-08 2:10 pm By Cindy Cameronne

Virgin Airlines has argued a litigation funder’s indemnity for its legal costs is not enough for it to bring a class action on behalf of bond holders over a 2019 prospectus, claiming the airline expects to spend more than $5 million defending the proceedings.

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Suncorp to pay $33M in super class action settlement
Arnold Bloch Leibler 2022-07-25 11:24 pm By Christine Caulfield

The settlement figure in a class action against a unit of Suncorp Group has been revealed as $33 million, and super members are set to share in the net sum of $14 million, or 42.5 per cent of the deal.

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Funder drops ‘uneconomic’ GST class actions after High Court snubs special leave bid
Anthony McInerney 2022-07-05 4:05 pm By Cat Fredenburgh

A judge has signed off on the discontinuance of two class actions against Canberra property developers for allegedly misleading investors about GST on their apartments, after the High Court declined to review a ruling that made the cases “uneconomic” for the funder to pursue.

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Nuix ex-CEO not entitled to ‘special treatment’, trial judge told
Contracts 2022-06-27 6:55 pm By Cindy Cameronne

The former boss of embattled tech company Nuix is asking for “special treatment” by arguing he is owed $183 million in options under a 2008 agreement, a judge has heard on the first day of trial in the ex-CEO’s case.

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Ex-Dick Smith CEO should be liable for approving $28.5M in dividends, appeals court told
Alice Zheng 2022-05-30 9:30 pm By Cindy Cameronne

The former CEO of failed electronics retailer Dick Smith should be held responsible for approving two dividend payments worth $28.5 million which the company could not afford to pay given it owed millions in unpaid bank loans and supplier debts, an appeals court has heard. 

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Suncorp Group settles class action ahead of 25-day trial
Arnold Bloch Leibler 2022-05-23 1:07 pm By Sam Matthews

A unit of Suncorp Group has reached an in-principle settlement in a class action over alleged conflicted remuneration on the first day of an expected 25-day trial.

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Shine Lawyers wins battle to run $463M Dixon Advisory class action
ASIC 2022-05-19 4:24 pm By Sam Matthews

Shine Lawyers has beaten out class action rival Piper Alderman in a battle to lead a class action worth up to $463 million against collapsed wealth managers Dixon Advisory, with a judge finding the firm’s no win, no fee model was likely to result in a greater return to group members.

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