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Former executives of wealth manager IOOF facing disqualification proceedings by the Australian Prudential Regulation Authority have criticised the prudential regulator for a late and extensive discovery request, saying it could "imperil" the July trial date.
Sirtex has been ordered to turn over information related to a possible acquisition to law firm Maurice Blackburn, which is leading a shareholder class action against the life sciences company.
Two rulings Friday keeping alive the common fund order are a ringing endorsement by the courts of the important role that litigation funders play in class actions, experts say, and have paved the way for more funded post-Hayne consumer litigation against banks and other financial services firms this year.
Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.
Litigation funder Regency Funding has sought leave to intervene as a major player in one of two challenges to the courts' powers to issue common fund orders in class actions, but it might have a fight on its hands.
Shareholders in a class action against Sirtex have secured an order forcing the life sciences company to notify them of any plan that would see its $128 million in liquid assets drop below $80 million.
A judge has rejected an application by biotech company Sirtex Medical to limit a class action to shareholders who register as group members in the next month, saying a class-closure order could dramatically cut down on the size of the class.
Shareholders in a class action against Sirtex Medical have lost a bid for an order preventing the life sciences company from quietly moving $128 million in cash assets out of the country after its $1.9 billion takeover by a Chinese private equity company comes into effect Thursday, but the battle over the money will likely continue.