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Judge OKs notice in Westpac class action foreshadowing ‘expense sharing order’
Alec Leopold 2020-04-02 10:51 pm By Christine Caulfield Melbourne

A judge has approved a notice in a class action against Westpac alerting group members that an “expense sharing order” will be sought by the applicants if or when the case settles, the first ruling of its kind since the High Court struck down common fund orders.

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Sparke Helmore equally responsible for $76M judgment against IOOF unit, court hears
Acting Justice Arthur Emmett 2020-04-02 10:37 pm By Alison Eveleigh Sydney

Sparke Helmore is equally responsible for a $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by collapsed forestry giant Gunns Group, an appeals court heard Thursday.

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Judge shoots down amendment to group definition in Uber class action
Class Actions 2020-04-02 5:17 pm By Cat Fredenburgh Melbourne

A judge has denied a bid by the applicant in a massive class action against ride-sharing giant Uber to amend the group definition to include successors and assignees of those with claims, saying the request was made too late and that it was not clear who exactly would be included in the new group.

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Icon seeks to recoup Opal Tower losses in latest class action cross-claim
Class Actions 2020-04-02 4:54 pm By Miklos Bolza Sydney

Construction giant Icon has filed a cross-claim against the prefab concrete company behind the ill-fated Opal Tower, seeking to recover at least part of almost $28 million in losses spent after cracks in the building caused residents to evacuate in 2018.

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Short seller Bonitas ordered to pay $900,000 over misleading report on Rural Funds
Agriculture 2020-04-01 9:52 pm By Christine Caulfield Melbourne

Activist short seller Bonitas Research must pay Rural Funds Management almost $900,000 after the US-based Bonitas was found to have engaged in misleading or decpetive conduct in issuing a report describing the agricultural fund manager’s equity as “ultimately worthless”.

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Spain hit with solar investor lawsuit seeking enforcement of $75.1M arbitration award
Arbitration 2020-04-01 5:08 pm By Cat Fredenburgh Sydney

The Kingdom of Spain is facing yet another Federal Court enforcement proceeding over its ill-fated renewable energy initiative, this time by a Luxembourg-based renewable investment firm seeking payment of a $75.1 million award granted by an international arbitration tribunal.

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Court orders winding up of Merlin Diamonds after ‘serious contraventions’ unearthed
ASIC 2020-04-01 5:02 pm By Cat Fredenburgh Sydney

A judge has ordered that Joseph ‘Diamond Joe’ Gutnik’s Merlin Diamonds be wound up after the mining company’s provisional liquidators uncovered “serious contraventions” and a “serious failure of governance”.

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Barristers to robe up at home for trial by videochat in ACCC case against Kogan
ACCC 2020-04-01 11:44 am By Miklos Bolza Sydney

Barristers for the ACCC and online retailer Kogan have been asked to robe up at home as the previously in-person trial shifts to videochat in response to the COVID-19 health crisis.

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Over and out: Chief Justice says protocol needed to prevent overtalking in virtual trials
ASIC 2020-03-31 4:20 pm By Miklos Bolza Sydney

The Chief Justice of the Federal Court says a system is needed to ensure parties don’t interrupt one another during virtual hearings, and noted the increase in online hearings brought on by the coronavirus may also free judges up to hear cases outside their registries.

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Judge says no to virtual hearing in Guy Sebastian’s dispute with ex-manager
Contracts 2020-03-31 3:55 pm By Alison Eveleigh Sydney

A judge has decided not to hold a virtual trial in a long-running dispute between Guy Sebastian and his now self-represented former manager Titus Day over allegedly unpaid entitlements, due to difficulties in judging witness credibility and because Day might have a challenging time litigating online.

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