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Class can’t access insurance docs in action over ‘illusory’ car warranties
Baker McKenzie 2020-04-14 5:23 pm By Miklos Bolza Sydney

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Mark Elliott’s firm has fees cut by ’embarrassing’ $2M as Murray Goulburn settlement approved
Agriculture 2020-04-07 4:42 pm By Miklos Bolza Sydney

A judge has signed off on a $37.5 million Murray Goulburn class action settlement but slashed $2 million in legal costs sought by Mark Elliott’s law firm, which is running the case.

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Online trial planned in Opal Tower builder’s case against insurers
Barry Nilsson Lawyers 2020-03-26 10:41 pm By Christine Caulfield Melbourne

The Federal Court is pushing ahead with an expedited trial in Icon Co’s case against Liberty Mutual Insurance and QBE over the Opal Tower disaster, just one month after originally scheduled, and it’s going online to do it.

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In loss for Herbert Smith Freehills, court says self-represented law firms can’t recover costs
Appeals 2020-02-13 4:29 pm By Cat Fredenburgh Melbourne

Herbert Smith Freehills cannot recover its costs for successfully representing itself in litigation with United Petroleum over the company’s aborted initial public offering, with an appeals court finding the High Court’s recent ruling eliminating the so-called Chorley exception for self-represented lawyers applies to law firms as well.

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IMF drops fight over commission in settled Murray Goulburn class action
ACCC 2019-12-20 9:33 pm By Miklos Bolza Sydney

Litigation funder IMF Bentham has thrown in the towel in a battle over its cut of a $42 million settlement in a class action against dairy cooperative Murray Goulburn, accepting the Federal Court’s proposed 25 per cent commission rate after initially seeking 32 per cent.

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$42M Murray Goulburn settlement wins approval, but fight over funder’s cut still on
Agriculture 2019-12-06 2:56 pm By Christine Caulfield Melbourne

Two months after rejecting the deal because the litigation funder’s cut appeared excessive, a judge has approved a $42 million class action settlement with Murray Goulburn while the funder keeps up the fight over its commission.

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Engineer blamed for design defects in Opal Tower class action
Barry Nilsson Lawyers 2019-12-05 10:55 pm By Cat Fredenburgh Melbourne

The construction company behind Sydney’s Opal Tower has filed a cross claim seeking $30 million from structural architect WSP Structures over its allegedly faulty building design.

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Funder’s cut, legal fees face scrutiny in second Murray Goulburn class action
Agriculture 2019-11-27 11:11 pm By Christine Caulfield Melbourne

The litigation funder financing the second of two recently settled shareholder class actions against Murray Goulburn will face similar scrutiny over its commission as the funder behind the first action.

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Class action puts pressure on Icon for speedy resolution of Opal Tower insurance case
Barry Nilsson Lawyers 2019-11-12 4:23 pm By Miklos Bolza Sydney

Construction firm Icon Co has pressed the Federal Court for an expedited hearing in its case against insurers Liberty Mutual Insurance and QBE over the 2018 Opal Tower disaster, saying it wants to resolve the matter before a class action brought by apartment owners in building progresses too far.

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Icon denies QBE exclusions applied in Opal Tower disaster
Barry Nilsson Lawyers 2019-11-07 4:47 pm By Miklos Bolza Sydney

Construction firm Icon Co has rejected QBE Underwriting’s argument that exclusion clauses in coverage for Sydney’s Opal Tower meant the insurer did not have to indemnity it after a series of major cracks in the building led to the evacuation of thousands of residents on Christmas Eve last year.

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