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

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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Class action cases and trends to watch in 2019
Class Actions 2019-01-07 10:49 pm By Christine Caulfield

A challenge to the legality of common fund orders, an appeal to the High Court over the power of judges to stay competing cases, one of the first judgments in a shareholder class action and reform proposals promise to make 2019 another action-packed year in class actions. Here, experts give their predictions for the class action landscape this year.

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Adero hits Hays, Stellar Personnel with employment class actions
Adero Law 2019-01-07 10:24 pm By Christine Caulfield

Adero Law has filed class actions against labour hire companies Hays and Stellar Personnel on behalf of casual miners who allege they were entitled to accrued leave, on the eve of what’s expected to be a banner year for employment class actions in Australia.

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Class has another go at unconscionable conduct claim in Ford PowerShift case
Allens 2019-01-07 9:15 pm By Miklos Bolza

The applicant in a class action against Ford over allegedly defective PowerShift transmissions has taken another stab at bringing an unconscionable conduct claim, after the judge overseeing the case panned an earlier pleading as “problematic”.

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Pitcher Partners fined $5.6M for concealing botched accounting
Alastair Vincent 2019-01-07 8:37 pm By Miklos Bolza

Accounting firm Pitcher Partners has been ordered to pay more than $5.6 million in damages for fraudulently concealing an amortisation error that caused a well-known bus operator to face higher than expected costs in a NSW transport tender.

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Judge greenlights MWL derivative suit against Focus Financial
Contracts 2019-01-07 11:42 am By Miklos Bolza

Majority shareholders in MWL Financial have won court approval to bring a derivative suit against US-based Focus Financial Partners over an acquisition gone sour.

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The unforgettable class action rulings of 2018
Class Actions 2019-01-04 11:37 pm By Christine Caulfield

Last year was an exciting one for class action lawyers, with monumental court decisions on competing cases, cross-jurisdictional spats, proportionality in settlements and the power of judges to decide how a recovery is distributed. Here, top class action litigators tell us what the most significant rulings of 2018 were and why the decisions will continue to matter this year.

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Ashley Services settles shareholder class action over $67M loss
Class Actions 2019-01-04 11:10 pm By Christine Caulfield

A multi-million dollar settlement has been reached in a shareholder class action against private training company Ashley Services over its $67 million tumble two years ago.

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ASIC mulls appeal of Westpac ‘personal advice’ ruling
Allens 2019-01-04 10:31 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has not ruled out a challenge to a ruling that two Westpac subsidiaries didn’t provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Sanofi takes another stab at injunction in injector pen patent case
Appeals 2019-01-04 9:08 pm By Cat Fredenburgh

French pharmaceutical giant Sanofi has appealed a judge’s ruling denying its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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