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Freedom Foods, Deloitte hit with class action over accounting scandal
Accounting 2020-12-08 5:53 pm By Spencer Fowler Steen Melbourne

Freedom Foods and its auditor Deloitte have been hit with a shareholder class action after a shock announcement last week of more than $590 million in write-downs stemming from accounting irregularities.

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Disaster payments can’t limit damages in Queensland floods class action, judge says
Class Actions 2020-12-08 5:42 pm By Spencer Fowler Steen Melbourne

A judge has ruled that disaster payments cannot be taken into consideration in assessing damages in a long-running class action over the 2011 Queensland floods that destroyed 2,000 homes and claimed 12 lives.

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High Court asked to deal death blow to common fund orders
7-Eleven 2020-12-07 4:57 pm By Cat Fredenburgh Melbourne

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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Class action against collapsed Linchpin Capital gets court go-ahead
Class Actions 2020-12-07 3:11 pm By Christine Caulfield Melbourne

A judge has given his blessing to investors to pursue a class action against financial services firm Linchpin Capital and its subsidiary Endeavour Securities, saying there was a strong possibility the failed companies’ alleged liability would be covered by an insurance policy.

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Judge denies bid for insurance docs by applicant in One Key class action
Adero Law 2020-12-07 2:38 pm By Spencer Fowler Steen Melbourne

The applicant in a class action against labour hire firm One Key Resources has lost a lawsuit seeking preliminary discovery of liability insurance policies to potentially add One Key Workforce to the proceeding.

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Judge nixes bid to boot unregistered group members from Sims class action
Alexander Edwards 2020-12-04 10:23 pm By Christine Caulfield Melbourne

A bid by the applicant to restrict a securities class action against recycling company Sims Metal Management to shareholders who have registered to join the case has been shot down by a judge, who said the application was not in the interests of justice but “in the interests of injustice”.

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AMP to tell advisers exiting BOLR program about class action
AMP 2020-12-04 12:47 pm By Cat Fredenburgh

The parties in a class action against AMP over changes to its buyer of last resort policy have agreed to a communications protocol making settlement offers and for releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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Banksia funder’s son says threat to scrap $64M class action settlement ‘didn’t feel right’
Andrew Palmer 2020-12-03 5:45 pm By Christine Caulfield Melbourne

The son of Banksia Securities class action funder Mark Elliott questioned his father on whether it was “right” to rip up a $64 million settlement with the collapsed lender’s trustee if the deal didn’t guarantee him a $12.8 million commission, a court has heard.

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Mark Elliott’s son admits postdating cheques to Banksia lawyers ‘doesn’t look good’
Andrew Palmer 2020-12-02 11:12 pm By Christine Caulfield Melbourne

Lawyer Alex Elliott has told a judge he didn’t know when he postdated cheques for members of the Banksia class action legal team that it was done to mislead the appeals court in the case, but has admitted that in hindsight “it doesn’t look good”.

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Labor fails to sink new litigation funding regulations
Class Actions 2020-12-02 10:33 pm By Cat Fredenburgh Melbourne

The Labor party has come up short in its effort to torpedo new regulations requiring litigation funders to hold a financial services licence and register class actions as managed investment schemes.

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