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Scenic Tours can’t dodge $10M damages ruling in cruise class action
Competition & Consumer Protection 2023-04-20 10:45 pm By Sam Matthews

Cruise operator Scenic Tours is stuck with a $10 million damages bill but has avoided paying for disappointed traveller’s flights, after an appeals court mostly rejected its appeal of an award to travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus.

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‘It’s game over’: Victoria tries again to stay hotel quarantine class action amid criminal case
Appeals 2023-04-20 3:51 pm By Sam Matthews

The state of Victoria is trying again to stay a class action over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health, telling an appeals court the fundamental principles of the criminal justice system must be protected.

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Restructuring & Insolvency 2023-04-19 1:29 pm By Sam Matthews

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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Hino hit with second class action over emissions cheating
Class Actions 2023-04-19 10:09 pm By Sam Matthews

Toyota unit Hino has been hit with a second class action alleging it misrepresented the fuel efficiency and emissions performance of certain diesel vehicles for nearly twenty years.

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Judge won’t stay reference in ‘monumental’ Santos, Fluor litigation
Energy & Natural Resources 2023-04-19 10:48 pm By Sam Matthews

A judge won’t stay a reference process which US company Fluor claims is infected with bias, in a “monumental” dispute with energy giant Santos that has already generated a $57.5 million legal bill for the engineering firm.

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GCOs drive funding commissions down
Analysis 2023-04-18 11:07 pm By Sam Matthews

According to a new report that details the highs and lows of litigation funder cuts in class action settlements, funders’ returns have dropped considerably since contingency fees were introduced in Victoria.

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Unfunded shareholder class actions on the rise
Analysis 2023-04-18 10:13 pm By Sam Matthews

While shareholder class actions have been the bread and butter of litigation funders, a new report has revealed the rise of shareholder class actions brought by lawyers without the backing of third-party funding, especially in contingency fee-friendly Victoria.

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Litigation funders down but not out in post-GCO world
Class Actions 2023-04-18 10:51 pm By Sam Matthews

The number of funded class actions in Australia has dipped in the two years since contingency fees were introduced in Victoria, but litigation funders are still important players in group proceedings, a new report shows.

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Judge says liquidator can be paid ahead of preferred creditors
Restructuring & Insolvency 2023-04-17 11:15 pm By Sam Matthews

In a novel decision, a judge has found that a liquidator is entitled to claim his “arguably disproportionate” costs ahead of the preferred claims of company employees.

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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Appeals 2023-04-17 10:25 pm By Sam Matthews

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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