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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Appeals 2019-01-17 9:00 pm By Miklos Bolza Sydney

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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NAB says customers could decide if credit card insurance was ‘worthless’
Class Actions 2019-01-16 12:01 pm By Miklos Bolza Sydney

National Australia Bank has rejected a class action’s claims that it pushed worthless credit card insurance onto its customers, saying it was up to the customers to determine the true value of the coverage.

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Judge approved ‘unusual’ $36.5M class action deal because of Slater & Gordon’s ‘dire’ financials
Class Actions 2019-01-09 11:07 pm By Christine Caulfield Melbourne

A judge who signed off on a contested $36.5 million settlement to resolve a $1 billion class action against Slater & Gordon has explained his reasons a year later, saying the “unusual” deal flowed from the law firm’s “dire financial situation”.

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In ASIC suit, Dover Financial says ‘client protection policy’ caused no harm
Article 2019-01-08 8:55 pm By Cat Fredenburgh Melbourne

Defunct financial adviser Dover Financial is seeking evidence to bolster its argument that no clients were harmed by a liability waiver that’s at the centre of a lawsuit by the Australian Securities and Investments Commission.

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Octaviar investors, class action funder dodge indemnity costs
Adam Hochroth 2019-01-08 1:17 pm By Miklos Bolza Sydney

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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Appealing GetSwift class action ruling comes at a cost, Full Court says
Appeals 2018-12-20 1:33 pm By Christine Caulfield Melbourne

The law firms that challenged a ruling staying their cases against GetSwift gave the Full Federal Court a chance to guide judges managing competing class actions, but they can’t avoid paying their opponents’ legal costs because the court happened to seize the opportunity.

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Battle over competing GetSwift class actions goes to High Court
Appeals 2018-12-17 4:30 pm By Christine Caulfield Melbourne

Law firm Squire Patton Boggs is taking a fight over a ruling that shut down its shareholder class action against logistics startup GetSwift to the High Court.

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Johnson Winter & Slattery hits back at PwC claims in Vocation class action
Class Actions 2018-12-13 10:13 pm By Christine Caulfield

Law firm Johnson Winter & Slattery has filed its defence against a cross claim by accounting giant PricewaterhouseCoopers in a shareholder class action over the collapse of Vocation, pointing to an email that shows the training company was advised of its disclosure obligations to the market.

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ASIC wins High Court battle in Prime Trust saga
Appeals 2018-12-13 8:31 pm By Miklos Bolza Sydney

The Australian Securities & Investments Commission has largely prevailed on appeal to the High Court in its case against former directors of collapsed retirement village owner Prime Trust, including former federal health minister Michael Wooldridge. 

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D’Aquino Bros says it can prove its Scotch Whisky is the real deal
Ed Heerey 2018-12-10 9:01 pm By Christine Caulfield Melbourne

Defending against a fourth trade mark infringement lawsuit by the UK’s Scotch Whisky Association, Australian liquor retailer D’Aquino Bros has told a court all of its Scotch Whisky was distilled in Scotland, and it has the paperwork to prove it.

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