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Online traders win discovery in class action over risky CFDs
Alicia Lyons 2023-05-24 5:16 pm By Sam Matthews Melbourne

Online trading company CMC Markets has succeeded in accessing advice given to class action members who are seeking to recover 10 years’ worth of “significant” losses incurred while trading risky financial products on its mobile and web-based platforms.

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Having their cake and ATEing it too? Class action funders face scrutiny for defraying risk
Analysis 2023-05-23 11:12 pm By Christine Caulfield

As the spotlight on class action costs grows, litigation funders can expect increased judicial scrutiny of their attempts to pass on the cost of after-the-event insurance premiums to class action members.

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Judge tosses suit over $2M sale of cloud tech provider Experteq
Contracts 2023-05-23 9:32 pm By Sam Matthews Melbourne

A judge has declined Expert Group’s bid to bring court proceedings about the amount of an earn-out owed under its agreement to sell cloud services provider Experteq IT Services, finding the firm had agreed to resolve the matter by expert determination.

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CSIRO mulls lawsuit over gut-friendly wheat patent
Intellectual Property 2023-05-23 10:35 pm By Sam Matthews Melbourne

CSIRO has won its bid to access samples of a wheat grain product with increased fibre, as it contemplates a possible patent infringement lawsuit against a South Australian food company.

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Banksia class action funder’s assets likely exceed $19M owing investors
Class Actions 2023-05-22 11:11 pm By Christine Caulfield

The value of assets held by companies linked to the late Banksia Securities class action funder is expected to top the $19 million owing on a court judgment against the fraudster and his c0-conspirators.

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High Court to weigh in on whether finger pointing allowed in arbitration
Appeals 2023-05-22 1:20 pm By Sam Matthews Melbourne

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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DRA Global can’t suppress ‘scandalous’ details from ex-CEO’s $9M lawsuit
Andrew Pollock 2023-05-22 5:53 pm By Cindy Cameronne Sydney

DRA Global has failed to keep under wraps passages from its former CEO’s lawsuit which the engineering firm argued would cause “serious reputational and commercial harm” if published.

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‘Shocked’ judge eviscerates Tyro class action settlement
Bannister Law 2023-05-19 11:04 pm By Cindy Cameronne Sydney

A judge has approved a $5 million class action settlement against payment processor Tyro over a service outage but has shredded the proposed funder payout and legal fees that would have comprised 60 per cent of the sum, calling the costs “outrageous”. 

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Appeals 2023-05-19 11:36 pm By Sam Matthews Melbourne

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Alec Leopold 2023-05-19 3:08 pm By Sam Matthews Melbourne

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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