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Ernst & Young strikes out with third party claims against failed LM Investment
Alan Shearer 2019-10-08 11:47 pm By Cat Fredenburgh

Ernst & Young, which is facing a lawsuit brought by the receiver of a fund overseen by failed financial services firm LM Investment Management, has lost its bid to file a claim for damages against LMIM, with a judge saying the auditor’s case was “flawed” and “counterintuitive”.

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‘Completely out of control’: fresh funding concerns emerge in Iluka class action
ACA Lawyers 2019-10-08 11:13 pm By Amelia Birnie

The judge overseeing a class action against mineral sands producer Iluka Resources has slammed the submissions from both sides over a bid for an extra $2.6 million in security for costs, calling them “completely out of control” and “totally out of proportion”.

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Court can order security against funders in Fair Work class actions, judge rules
Adero Law 2019-10-08 9:36 pm By Miklos Bolza

A landmark ruling has found judges have the power to order security against litigation funders backing Fair Work class actions, in a decision that could change the landscape of representative proceedings.

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Robocalls proposed in Radio Rentals settlement after class members crash Maurice Blackburn’s phone line
Class Actions 2019-10-08 9:04 pm By Miklos Bolza

After being flooded with phone calls by class members wanting a share of a recent $16.4 million settlement with Cash Converters, law firm Maurice Blackburn will implement an automated message system to handle queries from 164,000 group members in the settled class action against Radio Rentals.

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Court of Appeal tosses Quinn Emanuel challenge to AMP beauty parade loss
Adam Hochroth 2019-10-08 4:38 pm By Miklos Bolza

A challenge by Quinn Emanuel to a NSW Supreme Court decision staying its shareholder class action against AMP has been unanimously dismissed by the Court of Appeal, which found the class action beauty contest was not decided in error and that subsequently filed representative proceedings were not an abuse of process.

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BlueScope avoids criminal cartel charges, but exec accused of obstructing ACCC probe
Andrew Bell 2019-10-08 11:56 am By Christine Caulfield

Prosecutors will not lay charges against BlueScope Steel over an alleged price-fixing conspiracy, but its former general manager of sales faces possible jail time after being charged with obstructing the ACCC’s investigation.

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Judge signs off on $725K in fees in $1.2M recycling plant fire class action settlement
Claire Nicholson 2019-10-07 10:58 pm By Cat Fredenburgh

A judge has approved $725,000 in fees for Maddens Lawyers in signing off on a $1.2 million settlement in a class action over a 2017 fire at the Coolaroo recycling plant fire in Victoria, saying if the matter went to trial the firm’s bill would “far exceed” the value of the case.

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Full Court finds Bellamy’s cost-capping appeal ‘not strong’, but denies indemnity costs
Appeals 2019-10-07 4:53 pm By Miklos Bolza

A failed challenge by baby food maker Bellamy’s Australia to a decision rejecting its application to limit legal costs in two class actions was “not strong”, but was not so unreasonable as to put them on the hook for indemnity costs, the Full Federal Court has ruled.

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Westpac gives court more reasons to uphold win in ASIC’s responsible lending case
Appeals 2019-10-07 1:41 pm By Miklos Bolza

Westpac has offered an appeals court two more reasons to affirm its victory in a closely watched responsible lending case brought by the Australian Securities and Investments Commission over almost 262,000 home loans.

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Tucker & Cowen loses second bid to dodge $17.5M Equititrust case
Bianca Kabel 2019-10-07 12:00 pm By Miklos Bolza

Two name partners at law firm Tucker & Cowen have lost another attempt to dismiss a case brought against them by the receivers of failed fund manager Equititrust over $17.5 million in funds allegedly obtained by deceptive means.

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