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Class can’t access insurance docs in action over ‘illusory’ car warranties
Baker McKenzie 2020-04-14 5:23 pm By Miklos Bolza Sydney

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Judge calls for legislative fix in wake of High Court’s common fund ruling
Class Actions 2020-04-09 1:50 pm By Christine Caulfield Melbourne

Lamenting that he now has less flexibility to manage commission rates, a judge has called for legislative intervention to give courts authority to regulate funding arrangements at the outset of class actions, a power stripped from them by the High Court late last year.

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ASIC brings action against Mayfair 101 for ‘misleading’ advertising
ASIC 2020-04-06 10:15 pm By Christine Caulfield Melbourne

The Australian Securities and Investments Commission has launched proceedings against investment firm Mayfair 101 Group and Mayfair Platinum accusing them of misleading advertising.

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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 Sydney

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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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 Sydney

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 says watching trial on iPad in lockdown scenario would be ‘unsatisfactory’
Adrian Ryan 2020-03-25 12:41 pm By Miklos Bolza Sydney

The judge overseeing the trial in a trade secrets case brought by Australian auto electronics developer Directed Electronics OE against its rivals is considering how the cross-examination of witnesses will proceed given current restrictions imposed on gatherings due to the coronavirus, including in the event of a possible lockdown.

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Judge approves Bellamy’s $49.7M settlement of shareholder class actions
Class Actions 2020-03-13 11:13 am By Christine Caulfield Melbourne

A judge has given his blessing to a $49.7 million settlement of two class actions that alleged infant food maker Bellamy’s misled investors about its China growth strategy and declining market share in Australia.

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ASIC wins unconscionable conduct case against OTC derivatives issuer AGM Markets
Angus Christophersen 2020-02-27 10:28 pm By Cat Fredenburgh Sydney

ASIC has notched up a win against derivative issuer AGM Markets and two of its authorised representatives, with a court finding they engaged in misleading, deceptive and unconscionable conduct that caused investor losses of over $30 million.

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Court OKs derivative suit against Pacific Current directors over merger
Corporate 2020-02-25 11:35 pm By Cat Fredenburgh Melbourne

A Pacific Current shareholder has won court approval to bring a derivative lawsuit against certain current and former directors of the funds management company for allegedly breaching their duty of care and diligence in relation to the company’s 2014 merger with US-based Northern Lights Capital Group.

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Judge should be commended for ‘judicial economy’, Pacific National tells court in ACCC appeal
ACCC 2020-02-18 2:37 pm By Christine Caulfield Melbourne

Pacific National has defended a decision by a judge to accept an undertaking and rule against the ACCC in its competition case over the rail operator’s acquisition of a major freight terminal in Queensland, saying the ruling was structured with “commendable judicial economy”.

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