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Judge hits funder-backed Appco class action with costs despite ‘no costs’ rule
Adero Law 2019-05-31 5:07 pm By Amelia Birnie Sydney

A judge has hit the applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual “no costs” rule in Fair Work cases had less force in actions backed by third party litigation funders.

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‘Diamond Joe’ Gutnick’s company ordered to pay debts or face winding up
Arnold Bloch Leibler 2019-05-31 3:55 pm By Miklos Bolza Sydney

An appeals court has ordered a phosphate mining company owned by mining magnate Joseph Gutnik to pay back more than $225,000 owed to the Queensland state government or face immediate liquidation, accusing the company of showing a “cavalier attitude” towards earlier orders made by the court.

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Judge tosses class action over Rudd Government’s home insulation subsidy program
Class Actions 2019-05-31 2:56 pm By Cat Fredenburgh Melbourne

The government has won a victory following a lengthy trial in a class action brought on behalf of businesses alleging they were harmed when the Rudd Government cancelled a program that subsidised home insulation installations during the economic downturn.

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Piper Alderman says costs breach in KPMG class action ‘obviously accidental’
Class Actions 2019-05-31 2:42 pm By Amelia Birnie Sydney

Piper Alderman has urged a judge to excuse its “obviously accidental” breach of legal profession costs regulations in its Discovery Metals investor class action against KPMG, warning that group members could suffer detriment if its $3.5 million legal bill was not approved quickly.

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Jetstar to pay $1.95M penalty for misleading consumers about refund rights
Competition & Consumer Protection 2019-05-30 10:29 pm By Cat Fredenburgh Melbourne

Jetstar Airways has been ordered to pay a $1.95 million penalty after it admitted to making false and misleading representations about customers’ eligibility for refunds on cancelled flights.

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No more shots in Russian vodka trade marks case
Cynthia Cochrane 2019-05-30 9:33 pm By Amelia Birnie Sydney

A dispute over allegedly stolen Russian vodka trade marks has been permanently stayed as an abuse of process, after the Russian Federation failed to provide adequate discovery of relevant materials.

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Iluka class action lands new funder, but $1.25M security outstanding
Caspar Conde 2019-05-30 8:49 pm By Amelia Birnie Sydney

The applicants in the Iluka Resources shareholder class action have been given a two month extension to provide a $1.25 million security for costs, after they managed to secure an in-principle deal with a new litigation funder.

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Motorola accuses Hytera of ‘industrial espionage on a grand scale’
Cameron Moore 2019-05-30 8:37 pm By Amelia Birnie Sydney

Motorola has slammed Hytera for engaging in “industrial espionage on a grand scale”, after more than a thousand Motorola-branded documents were found in the possession of the Chinese radio maker.

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Ex-Hastie Services CEO ordered ‘raid’ on balance sheets to make up targets, court hears
Class Actions 2019-05-30 5:19 pm By Miklos Bolza Sydney

The former CEO of a unit of collapsed construction firm Hastie Group told staff to “raid the balance books” to make up financial targets linked to his bonus, prosecutors said at the outset of a two-month criminal trial.

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‘Sensible’ funder won’t stick toxic foam class with costs after last-minute common fund withdrawal
Australian Government Solicitor 2019-05-30 3:33 pm By Miklos Bolza Sydney

A judge has praised funder IMF Bentham for not seeking to recover from group members the cost of a withdrawn common fund application in one of Shine Lawyer’s toxic foam class actions, agreeing instead to cop the loss itself.

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