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Linchpin class action concerned about ‘authenticity’ of evidence for trial
ASIC 2023-05-17 1:33 pm By Cindy Cameronne

The applicant in an investor class action over the collapse of advisory firm Linchpin Capital and Endeavour Securities has raised concerns about the authenticity of Linchpin’s business records, which it wants to put into evidence at trial in two months.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Acting Justice Carolyn Simpson 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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With no funder, Colonial class action members better off by up to $12M, court finds
Adam Hochroth 2023-05-16 4:53 pm By Christine Caulfield

Customers of wealth manager Colonial First State were $10 million to $12 million better off without a litigation funder in a class action over the slow transfer of accounts to low cost MySuper funds, a judge has found.

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UFG to pay $5M for misleading gym franchisees about ‘near valueless’ businesses
Competition & Consumer Protection 2023-05-16 4:24 pm By Cindy Cameronne

The company behind the Ultimate Fighting Championship gym franchise has been ordered to pay $5 million to three franchisees after a judge found it misled them about businesses which were “near valueless” and unlikely to make profit. 

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‘Silly case’ between class action applicant, funder settles
Carl Moller 2023-05-16 4:24 pm By Christine Caulfield

A clash between a class action applicant and a litigation funder over $1.2 million in claimed expenses has settled, after a judge ordered the sides to personally attend mediation.

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In decades-long fight over coal seam gas fields, Tri-Star loses referee bid
Adam Pomerenke 2023-05-16 3:55 pm By Cindy Cameronne

Texas oil giant Tri-Star has lost its bid for a referral in a dispute with natural gas exporter Australia Pacific LNG over several coal seam gas fields in Queensland and $7.6 billion in share acquisitions.

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Ex-commando slams ABC’s ‘nonsensical’ argument against damages in defamation case
ABC 2023-05-16 1:20 pm By Cindy Cameronne

Former Army major Heston Russell has panned the ABC’s argument that it is not liable to pay damages in his defamation case because he identified himself and was given an opportunity to respond to stories that suggested he was involved in murdering an Afghan prisoner.

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Tributes pour in for ‘giant of the Australian Bar’ David Jackson
Courts 2023-05-15 5:05 pm By Sam Matthews

The legal profession is mourning the death of long-serving barrister and former Federal Court judge David Jackson KC, hailed as a “giant of the Australian Bar”.

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Directed Electronics wins $3.27M in Hanhwa trade secrets case, with damages still to come
Contracts 2023-05-15 2:09 pm By Sam Matthews

Automotive electronics company Directed Electronics is set to claw back $3.27 million in commission payments made to a former manager through a secret side agreement with South Korean giant Hanhwa, with a ruling on damages still to come in the five-year case.

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Are the courts really plagued by duplicative class actions?
Analysis 2023-05-15 12:39 pm By Christine Caulfield

A fed-up judge has vented his frustration with the problem of competing class actions in a move that appears to punish the second filed case against Medibank. But is he right that the courts are increasingly being asked to deal with duplicative proceedings? And was his order really all that drastic?

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