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GetSwift shareholder info should be off limits for class action bookbuilding, judge told
Class Actions 2019-12-17 8:13 pm By Christine Caulfield Sydney

Contact details of shareholders provided by GetSwift to the firm running a class action should not be used to recruit group members now that the common fund order in the case has been quashed, the logistics company has told a court.

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De-classing threat revived as 3A Composites slams ‘simply shambolic’ combustible cladding action
Amelia Smith 2019-12-16 9:25 pm By Miklos Bolza Sydney

German cladding manufacturer 3A Composites has again threatened to call for the de-classing of a class action brought over allegedly combustible cladding, slamming the case against it as “simply shambolic” and the conduct of the applicant as “utterly irresponsible”.

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Common fund orders in class actions dealt fatal blow by High Court
Alec Leopold 2019-12-04 10:12 am By Christine Caulfield Melbourne

Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.

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All eyes on High Court as ruling on common fund orders looms
Alec Leopold 2019-12-02 11:24 pm By Christine Caulfield Melbourne

The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.

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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Allens 2019-11-01 3:30 pm By Cat Fredenburgh Melbourne

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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High Court finds Connective Services broke the law with share transfer litigation
Appeals 2019-10-09 8:59 pm By Miklos Bolza Sydney

The High Court has shut down a lawsuit by mortgage aggregator Connective Services over the transfer of one third of the company’s shares after finding the proceeding prejudiced shareholders and contravened the Corporations Act.

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Court of Appeal tosses Quinn Emanuel challenge to AMP beauty parade loss
Adam Hochroth 2019-10-08 4:38 pm By Miklos Bolza Sydney

A challenge by Quinn Emanuel to a NSW Supreme Court decision staying its shareholder class action against AMP has been unanimously dismissed by the Court of Appeal, which found the class action beauty contest was not decided in error and that subsequently filed representative proceedings were not an abuse of process.

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Court not convinced ‘superhuman’ judge needed for back-to-back GetSwift hearings
Alan Shearer 2019-09-16 5:01 pm By Miklos Bolza Sydney

A Federal Court judge has dismissed an application by GetSwift to delay the hearing of a shareholder class action against it, despite arguments that a judge would need to be “superhuman” to hear the trial immediately after a civil penalty hearing brought by ASIC against the logistics company.

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3A Composites issues ultimatum in combustible cladding class action
Amelia Smith 2019-09-12 3:11 pm By Miklos Bolza Sydney

German-based 3A Composites has issued an ultimatum in the high-stakes combustible cladding class action against it, saying it will try to shut down the matter as a representative proceeding if group member registration and opt out are not initiated.

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Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
Allens 2019-09-05 9:59 pm By Miklos Bolza Sydney

The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would “invite a moronic approach” to sign up.

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