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MIS regime to vex class action judges, experts say
ASIC 2021-09-23 10:21 pm By Miklos Bolza Sydney

New requirements that funded class actions be run as managed investment schemes will throw up myriad new questions for the courts, with lawyers predicting novel challenges by defendants and group members and an altered landscape for competing class actions.

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Government hit with underpayments class action by postgrad research candidates
Class Actions 2021-09-23 5:27 pm By Cindy Cameronne Sydney

An ancient history academic and lawyer has filed a class action against the federal government, claiming he and other postgraduate research candidates were underpaid by major Australian universities.

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Judge to hear second group costs order bid in G8 shareholder class action
Class Actions 2021-09-23 1:45 pm By Cindy Cameronne Sydney

A Victoria Supreme Court judge will hear the second ever application for a group costs order in a shareholder class action against G8 Education, saying she hoped to deal with the bid in a “straightforward way”.

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QBE says infectious disease exclusion applies to COVID-19 claims in Victoria
Allens 2021-09-22 4:58 pm By Miklos Bolza Sydney

While a first test case in NSW rejected insurers’ interpretation of infectious disease exclusions in COVID-19 business interruption policies, potentially putting the industry on the hook for billions of dollars in claims, QBE says the law is on its side in Victoria.

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Class action mediation ‘pointless’ without unregistered group member data, Pitcher Partners says
Arnold Bloch Leibler 2021-09-22 4:30 pm By Christine Caulfield Melbourne

A judge has refused a bid by accounting firms Pitcher Partners and EY to access share trading data of unregistered group members in a securities class action over advice to Slater & Gordon, despite claims upcoming mediation will be “pointless” without the information.

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Judge won’t let two class actions against Freedom Foods, Deloitte run in parallel
Alistair Pound 2021-09-22 1:59 pm By Miklos Bolza Sydney

A judge has rejected an application by the plaintiffs in two class actions against Freedom Foods and Deloitte to run their cases side-by-side, but said she would have granted a bid to consolidate the proceedings had that been sought.

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Woolworths says $330M underpayments remediation should scuttle FWO’s case
Adero Law 2021-09-21 2:16 pm By Miklos Bolza Sydney

Supermarket giant Woolworths has denied the Fair Work Ombudsman is entitled to seek compensation for its underpayment of staff, saying its $330 million remediation to affected employees fully answers the regulator’s case.

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With no encouragement from parties, 7-Eleven class action judge appoints contradictor
7-Eleven 2021-09-20 3:46 pm By Christine Caulfield Melbourne

Despite claims the $98 million settlement did not warrant a contradictor’s scrutiny, a judge has appointed a contradictor to represent the interests of group members in franchisee class actions against 7-Eleven as he weighs the deal.

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MIS regime poses ‘real risk’ to consolidating Freedom Foods class actions, court told
Accounting 2021-09-17 10:16 pm By Miklos Bolza Sydney

Recent changes to the law requiring funded class actions to be registered as managed investment schemes have complicated the question of how best to resolve the multiplicity issue in two class actions brought against Freedom Foods and Deloitte.

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‘Fruits of victory’ can’t be denied pending insurer’s class action indemnity appeal
Appeals 2021-09-17 6:51 pm By Cindy Cameronne Sydney

Avant Insurance has lost a bid to pause an order that it pay $371,000 in the legal costs of a surgeon facing a class action by breast implant patients of defunct clinic the Cosmetic Institute while the insurer’s appeal is pending.

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