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‘Fantastic, in the true sense of the word’: judge slams Appco class action funder’s 40% cut
Adero Law 2019-05-16 9:19 pm By Amelia Birnie Sydney

A judge has raised serious concerns about the proposed commission by the funder behind a $90 million sham contracting class action against fundraiser Appco, slamming as “intuitively wrong” an arrangment that could leave group members pocketing less than half of any recovery.  

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SARB seeks to park vehicle detector patent case, says dispute settled 5 years ago
Andrew McRobert 2019-05-16 8:25 pm By Miklos Bolza Sydney

Melbourne-based civic compliance firm SARB Management Group wants to put the brakes on a case brought by tech company Vehicle Monitoring Systems over a patented method for detecting vehicles, in a dispute it says was finalised in a settlement reached almost five years ago.

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Trial date at risk as Iluka Resources class races to lock in new funder
ACA Lawyers 2019-05-16 4:53 pm By Amelia Birnie Sydney

The applicants in the Iluka Resources investor class action have just 14 days to sort out their funding troubles and provide a $1.25 million security, as a judge warns he will not be able to hold their trial date any longer.

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MACH Energy attacks former director’s ‘inconsistent’ pleadings in $20M lawsuit
Arnold Bloch Leibler 2019-05-16 4:47 pm By Miklos Bolza Sydney

Mining firm MACH Energy may move to strike out “inconsistent” pleadings in a $20 million lawsuit brought by its former managing director, Scott Winter, whose discovery delays have raised the ire of the judge hearing the case.

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ASIC’s Shipton clarifies ‘why not litigate’ approach
Financial Services 2019-05-16 4:10 pm By Christine Caulfield Melbourne

The Australian Securities and Investments Commission chair James Shipton has clarified the regulator’s “why not litigate” approach to enforcement, saying it does not mean “litigate first” or “litigate everything”.

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BHP wins bid for High Court intervention in $82M fight with tax office
Appeals 2019-05-15 10:42 pm By Christine Caulfield Melbourne

The High Court has agreed to take up an appeal by mining giant BHP Group Limited in its battle with the Australian Tax Office over an $82M tax bill.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Allens 2019-05-15 9:58 pm By Christine Caulfield Melbourne

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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Class actions still loom as ASIC drops probe into Blue Sky
Class Actions 2019-05-15 9:28 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has dropped its probe into Blue Sky over possible violations of its continuous disclosure obligations, but the fund manager still faces three active shareholder class action investigations.

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ACCC loses court challenge to Pacific National, Aurizon terminal deal
Ashurst 2019-05-15 9:09 pm By Amelia Birnie Sydney

The Australian Competition and Consumer Commission has suffered a major defeat in its challenge to Pacific National’s proposed $205 million acquisition of competitor Aurizon’s Queensland freight terminal, with a judge saying he was appeased by a last-minute promise from Pacific that it would not block third parties from accessing the terminal.

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Australian lawyers more at risk of bullying, sexual harassment, report finds
Business of Law 2019-05-15 5:17 pm By Miklos Bolza Sydney

Sexual harassment is “alarmingly commonplace” in Australian law firms, with almost half of all women in the legal profession experiencing harassment at least once, a survey of lawyers in 135 countries has found.

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