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‘If they were my clients I’d advise them to opt out’, barrister tells Aveo class action judge
Arnold Bloch Leibler 2022-08-09 11:06 pm By Sam Matthews

The first ever amicus appointed in a fight over the wording of an opt out notice in a class action has told a court a proposed novel funding model in a case against retirement home provider Aveo Group could be a “nightmare scenario” for certain group members.

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3A Composites wins push for detailed claims in cladding class action
Class Actions 2022-08-09 1:34 pm By Cindy Cameronne

A judge has ordered that the lead applicant in a class action against German cladding manufacturer 3A Composites give further details on how its allegedly combustible cladding caused losses for property owners.

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‘Tear it up’: Judge censures silk in $650M Mercedes-Benz dealer lawsuit
Automotive 2022-08-08 11:31 pm By Cindy Cameronne

A court has directed a senior barrister acting in a $650 million lawsuit against Mercedes-Benz to “tear up” a letter his instructing solicitors sent concerning the judge’s ownership of a Mercedes vehicle, and said he was “surprised” the counsel signed off on it.

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Nimble Money wins appeal in shareholder’s bid to peek at books
Appeals 2022-08-08 11:03 pm By Cindy Cameronne

The largest shareholder in payday lender Nimble has lost its challenge to a decision blocking it from accessing company documents about an impending debt refinance, with an appeals court finding the investor’s concerns had “an air of commercial unreality”.

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Full Court shoots down appeal by former Blue Star Helium CEO
Alexander Mossop 2022-08-08 6:14 pm By Sam Matthews

The Full Federal Court has dismissed former Blue Star Helium CEO James Cruickshank’s challenge to a $40,000 penalty and four-year ban for failing to disclose to shareholders the identity of the buyer behind a botched sale of Texas oil assets.

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Silk’s cancellation fee not recoverable after vacated trial
Business of Law 2022-08-08 4:29 pm By Sam Matthews

A judge has declined to pass on a senior barrister’s $18,000 cancellation fee as part of an adverse costs order for a vacated trial, noting that such fees are not standard or common practice.

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Class action wants insurance policy info from Dixon Advisory
Class Actions 2022-08-08 2:43 pm By Cindy Cameronne

A class action on behalf of former clients of collapsed wealth manager Dixon Advisory has filed a court bid for information on any insurance policy held by the business that might cover the mammoth claims, estimated to be worth between $278 million and $463 million.

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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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No secret lawyers brought on for privilege ‘shield’, says judge in Pacific National crash doc stoush
Australian Government Solicitor 2022-08-05 11:50 pm By Sam Matthews

A judge has ordered Pacific National to hand over safety management system documents in a privilege fight over a deadly 2019 train crash, observing large organisations often bring on lawyers for a privilege “shield”.

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$44.5M Woolworths class action settlement OKd but firm’s fees yet to be approved
Bernard Quinn 2022-08-05 11:45 pm By Christine Caulfield

A judge has signed off on a $44.5 million settlement of a shareholder class action against Woolworths, which includes a $4.73 million funding commission, but the amount of fees to be paid to the law firm running the case remains to be decided.

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