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Judge strikes Banksia funder’s son from roll, OKs settlement with barrister’s wife
Business of Law 2023-07-31 11:37 am By Christine Caulfield

The son of the architect of the Banksia class action fraud has been struck from the roll of lawyers by a Supreme Court of Victoria judge, who on Monday also approved a settlement with companies linked to the disgraced senior counsel for the case.

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James Hardie facing shareholder class action over net income downgrade
Class Actions 2023-07-28 11:53 pm By Christine Caulfield

Building materials giant James Hardie Industries is facing a class action alleging it breached its disclosure obligations over its adjusted net income forecasts for the 2023 financial year.

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Cosmetic Institute surgeons can’t declass breast implant action
Anthony McInerney 2023-07-28 4:28 pm By Christine Caulfield

A judge has tossed out an application by a group of surgeons who formerly worked for The Cosmetic Institute to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Accounting 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Linchpin liquidators have case against Grant Thornton, Moore Stephens: judge
Accounting 2023-07-26 11:26 pm By Cat Fredenburgh

A judge has found that a case brought by the liquidators of investment firm Linchpin Capital against auditors Grant Thornton and Moore Stephens for signing off on the compliance plan for a registered fund that allegedly misused investor money has legs.

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Class action would have been ‘infinitely better’ than COVID-19 insurance test cases, judge says
Allens 2023-07-26 11:24 pm By Cindy Cameronne Sydney

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding. 

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Oil spill class action firm wins settlement hearing fees, including bill for tax advice
Allens 2023-07-25 5:38 pm By Christine Caulfield

Despite a judge’s complaint that class action costs are generally “out of control”, the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees — these ones incurred in a hearing to determine how the settlement spoils should be divided.

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Shine’s bid for $32M in loan interest raises ‘never seen before’ conflicts: judge
Alec Leopold 2023-07-24 10:08 pm By Cindy Cameronne Sydney

Shine Lawyers’ bid to recoup “exorbitant” interest on a loan it took out to run pelvic mesh class actions against Johnson & Johnson has raised new ethical dilemmas beyond the usual “sweaty palms and huge vexation” in most group proceedings, a judge has said.

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Uber class actions win orders barring unregistered group members from settlement
Alexia Staker 2023-07-24 5:30 pm By Christine Caulfield

Uber and the applicants in class actions against the car service will head into mediation later this year, and only group members who sign up to join the cases will get a chance to share in the proceeds of any settlement that results from the talks.

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Judge orders ‘soft’ class closure in flex commissions class actions
Catherine Hamilton-Jewell 2023-07-21 10:53 pm By Cindy Cameronne Sydney

Westpac, Macquarie and ANZ have won soft class closure orders ahead of mediation in three class actions over flexible commissions schemes after a judge found they will improve the chances of settlement.  In a judgment handed down on Thursday, Victoria Supreme Court Justice Lisa Nichols ordered that group members have to formally register in the…

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