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‘This is why I hate categories of discovery’: Judge won’t let ASIC have another year of GetSwift docs
Alan Shearer 2019-08-20 9:43 pm By Amelia Birnie

The judge overseeing proceedings brought against logistics company GetSwift has refused the corporate regulator’s request for another year’s worth of documents, saying it could effectively require the company to start the discovery process over again.

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Barclays, other banks in forex cartel class action must produce US case docs
Allen & Overy 2019-08-15 3:36 pm By Christine Caulfield

A judge has ordered a group of banks facing a competition class action over alleged foreign exchange rate-rigging to hand over documents they produced as part of settlement agreements in class actions in the US and Canada.

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Judge won’t join insurer to Reed Construction liquidator’s insolvent trading case
Andrew Campbell 2019-08-12 5:55 pm By Amelia Birnie

A judge has refused to join the insurer of collapsed Sydney builder Reed Constructions to insolvent trading proceedings brought by the company’s liquidators, after finding it was unreasonable to expect the insurance company to irrevocably confirm coverage.

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Forge reaches multimillion dollar settlement in shareholder class action
Class Actions 2019-07-25 1:24 pm By Christine Caulfield

Collapsed engineering and construction company Forge Group has agreed to settle a shareholder class action over alleged continuous disclosure breaches, which will see the funder pocket about $7.5 million.

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Merck Sharp & Dohme loses key battle in trade mark case ahead of trial
Angela McDonald 2019-07-15 8:51 pm By Miklos Bolza

A court has barred US drug company Merck Sharp & Dohme from denying that an agreement made with German pharmaceutical company Merck KGaA was governed by German law, settling a key question before a trade mark case between the two drug giants goes to trial.

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Law firms can push on with separate class actions against CBA under cooperation deal
CBA 2019-07-10 8:33 pm By Amelia Birnie

Rival law firms Maurice Blackburn and Phi Finney McDonald will be allowed to work together without consolidating their separate shareholder class actions against the Commonwealth Bank of Australia, after a judge ruled that the bank had overstated the potential for extra costs and delays.

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Combustible cladding defendants may drag engineers, certifiers into class action
Class Actions 2019-07-08 8:36 pm By Amelia Birnie

German-based cladding manufacturer 3A Composites has foreshadowed potential cross claims against third party engineers and certifiers in one of two class actions brought over allegedly dangerous combustible cladding used in countless buildings across Australia.

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Sims Metal class action funder to get no more than 25%, shareholders guaranteed at least half
Alexander Edwards 2019-07-05 11:31 pm By Cat Fredenburgh

Noting the “significant and beneficial reduction” in recent funding rates, the judge overseeing a shareholder class action against recycling company Sims Metal Management has signed off on an order capping the commission of the funders at 25 per cent of any net proceeds and setting a minimum 50 per cent of any recovery for group members.

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In latest AMP class actions, judge nudges parties away from beauty parade
AMP 2019-07-03 3:41 pm By Christine Caulfield

A judge overseeing competing consumer class actions against AMP over superannuation fees said he would be “reluctant” to hold a contest between the two cases, as the applicants in the rival proceedings tell the court they are in talks about possible consolidation.

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Judge has ‘real misgivings’ about security for costs bid in casual worker class actions
Adero Law 2019-06-17 10:08 pm By Miklos Bolza

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

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