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Canberra developers settle apartment owners’ class action over $6.3M in GST
Charles Colquhoun 2020-03-30 1:04 pm By Cat Fredenburgh

The developers behind the Governor Place residential complex in Canberra have reached a settlement in a class action by aparment owners seeking $6.3 million in GST payments on their units.

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Ex-Storm Financial directors lose appeal, Full Court finds they breached their duties
ASIC 2020-03-27 10:38 pm By Christine Caulfield

The former directors of defunct financial advisory firm Storm Financial have failed in their appeal of a ruling that found they breached their duties to eleven vulnerable investors by providing a one-size-fits-all model of investment advice that was inappropriate.

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Commonwealth Bank’s gripe with alleged whistleblower’s discovery bid ‘ridiculous’, judge says
Ashurst 2020-03-27 9:14 pm By Miklos Bolza

A judge has criticised as “meretricious” and “ridiculous” opposition by Commonwealth Bank of Australia to a discovery application by a former general manager who claims he lost his job for blowing the whistle on alleged manipulation of staff bonuses.

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7-Eleven class actions mull contempt motion after losing appeal over franchisee communications
7-Eleven 2020-03-27 3:25 pm By Miklos Bolza

The lead applicants in two class actions against 7-Eleven are considering bringing a contempt of court motion against the convenience store giant after the Full Federal Court derailed their challenge to prior orders allowing the company to seek litigation releases from franchisees.

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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

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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Court forces ASIC to delay warning against Mayfair 101 despite COVID 19-stoked investment fears
ASIC 2020-03-26 9:44 pm By Miklos Bolza

A judge has ordered ASIC to wait 48 hours after making any decision to send a warning notice to investment conglomerate Mayfair 101 before publicly issuing the notice, despite the regulator’s call for urgent action amid the COVID-19 pandemic.

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Judge to approve $127M VW class action settlement, but 25% uplift may be axed
Adam Hochroth 2020-03-26 9:08 pm By Alison Eveleigh

After almost five years of litigation, a Federal Court judge said he will approve a $127.1 million settlement of five class actions against Volkswagen over the diesel emissions scandal, but appeared unwilling to sign off on a 25 per cent uplift in fees sought by one of the plaintiffs firms.

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Judge says funder can’t have cut of Banksia receivers $5.5M settlement with insurer
Arnold Bloch Leibler 2020-03-26 3:01 pm By Christine Caulfield

The litigation funder controlled by recently deceased class action lawyer Mark Elliott has lost its bid for a 12.5 per cent commission of a $5.5 million settlement secured by the special purpose receivers of Banksia Securities in its claim against the collapsed firm’s former insurance broker.

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Court wrestles with how toxic foam settlement objectors will be heard
Alicia Lyons 2020-03-26 2:17 pm By Miklos Bolza

The judge overseeing the $212.5 million settlement in three toxic foam class actions against the Commonwealth of Australia has been told of at least one objection to the deal and has flagged difficulties taking submissions from opposing group members at an upcoming approval hearing.

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Mark Elliott’s Blackberry found, judge orders search of phone for evidence in Banksia class action
Arnold Bloch Leibler 2020-03-26 1:57 pm By Christine Caulfield

The hunt for the missing Blackberry of deceased class action lawyer and funder Mark Elliott is over, and the located phone will now be examined by IT experts to see if it can be searched for potential evidence to be used as part of an investigation of  alleged professional misconduct by the legal team behind a class action against failed Banksia Securities.

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