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Facing ‘staggeringly large’ security costs, class action queries separate lawyers for Blue Sky execs
Banton Group 2023-06-21 11:07 pm By Sam Matthews

The applicant in a class action against Blue Sky Alternative Investments and auditor EY has raised an “often overlooked” principle to challenge the separate legal representation of two of the company’s directors, dodging applications for almost $15 million in security – for now.

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Shine’s shareholder dividends called out by J&J class action judge in fight over costs
Alec Leopold 2023-06-13 11:36 pm By Sam Matthews

The judge weighing the legal costs sought to be deducted from a $300 million settlement in pelvic mesh class actions against Johnson & Johnson has questioned Shine Lawyers’ bid to make group members pay $32 million in interest incurred on a loan the firm took out at “credit card” rates.

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Insurers ‘can’t say’ if they will cover Blue Sky class action claims
Arnold Bloch Leibler 2023-06-09 9:17 pm By Cindy Cameronne

A judge has avoided a fight “with the High Court written all over it” over whether an investor class action against Blue Sky Alternative Investments and auditor EY can join four insurers to the case.

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Virgin class action wants DOCA indemnity clause amended to reflect ‘what creditors were told’
Aviation 2023-05-31 4:39 pm By Sam Matthews

A class action of bond holders accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising wants a contentious indemnity clause in the airline’s DOCA narrowed, in proceedings a judge has said “increasingly resemble a farce”.

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Former top judge lands post-retirement gig as referee in fight over J&J pelvic mesh settlement
Alec Leopold 2023-05-31 4:01 pm By Christine Caulfield

The Federal Court’s recently retired top judge has landed on his feet with his appointment by the court as referee to determine which of a group of competing firms should dole out a $300 million settlement that resolved the J&J pelvic mesh class actions.

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Online traders win discovery in class action over risky CFDs
Alicia Lyons 2023-05-24 5:16 pm By Sam Matthews

Online trading company CMC Markets has succeeded in accessing advice given to class action members who are seeking to recover 10 years’ worth of “significant” losses incurred while trading risky financial products on its mobile and web-based platforms.

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Healthcare REIT can’t add claims against Dexus in trust takeover spat
Allens 2023-05-23 5:45 pm By Sam Matthews

Real estate investment trust NorthWest can amend its pleadings in a lawsuit alleging one of the country’s largest unlisted healthcare property funds conspired to prevent it from acquiring a controlling stake, but has come up short in its bid to add to its claims against property giant Dexus.

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‘Absurd and unworkable’: Lendlease pans ex-Greenwoods partner’s argument in tax dodge case
Assured Legal Solutions 2023-05-22 9:16 pm By Cindy Cameronne

A sacked Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease has been criticised for claiming that whistleblower protections introduced in 2019 “wouldn’t make sense” if they did not apply retroactively.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Alec Leopold 2023-05-19 3:08 pm By Sam Matthews

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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AMP hit with $24M penalty for ‘unconscionable’ practice of charging dead customers
AMP 2023-05-19 12:16 pm By Christine Caulfield

A judge has ordered two AMP units to pay a total of $24 million after finding the wealth manager acted unconscionably in charging insurance premiums and advice fees to deceased customers.

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