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ASIC scores ‘narrow’ win in case against ex-Tennis Australia director
ASIC 2020-07-31 12:43 pm By Miklos Bolza

A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.

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Common fund order slapped down in Vocus class action
Class Actions 2020-05-04 5:50 pm By Miklos Bolza

A judge has declined to make a common fund order in approving a $35 million settlement in a shareholder class action against telecommunications firm Vocus Group, resulting in a reduced payout for the funders that backed the case.

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Judge questions if High Court ruling allows common fund orders at settlement
Class Actions 2020-04-24 11:34 pm By Miklos Bolza

The judge presiding over the settlement approval hearing in a shareholder class action against telecommunications company Vocus Group has questioned whether the High Court’s recent ruling striking down common fund orders at the outset of class actions would allow him to make such an order at settlement.

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Judge says funder can’t have cut of Banksia receivers $5.5M settlement with insurer
Class Actions 2020-03-26 3:01 pm By Christine Caulfield

The litigation funder controlled by recently deceased class action lawyer Mark Elliott has lost its bid for a 12.5 per cent commission of a $5.5 million settlement secured by the special purpose receivers of Banksia Securities in its claim against the collapsed firm’s former insurance broker.

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BHP can’t pause shareholder class action over Brazil dam failure
Class Actions 2020-03-18 10:18 pm By Christine Caulfield

BHP has failed in a bid to shut down a class action over the Fundao dam failure pending criminal proceedings in Brazil, with a judge ruling the mining giant would not be prejudiced if the case proceeded for now.

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Solicitors ordered to look for missing phone of deceased class action lawyer
Class Actions 2020-03-03 10:47 pm By Christine Caulfield

A judge has directed solicitors for deceased lawyer and funder Mark Elliott to search for his missing mobile phone, which is wanted for potential evidence by a court-appointed contradictor investigating alleged professional misconduct on the part of the legal team behind a settled class action against failed Banksia Securities.

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‘Rambling and non-responsive’: Law firm dodges $6.5M negligence claim
Business of Law 2020-01-13 1:23 pm By Miklos Bolza

A law firm has dodged a $6.5 million negligence claim by a Tasmanian agricultural business over advice supplied about agreements entered into with a division of collapsed forestry giant Gunns Limited, with a judge slamming the company director’s evidence as “rambling and non-responsive”.

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Ex-Tennis Australia director Harold Mitchell was ‘determined’ to award Open rights to Seven, court hears
ASIC 2019-11-04 11:21 pm By Christine Caulfield

Former Tennis Australia director Harold Mitchell was “pushing very hard” for the Seven Network to score the domestic broadcast rights to the Australian Open in 2013 over better offers from rival broadcasters, the Federal Court heard Monday.

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Ex-Tennis Australia director can’t enforce ‘catch-all’ subpoenas for board member emails
ASIC 2019-10-18 11:25 pm By Christine Caulfield

Ex-Tennis Australia director and current Dentons partner Steve Healy, who is facing action by the corporate regulator over the broadcast rights to the Australian Open, has lost a bid for access to six years of emails between two other former board members.

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Ex-Tennis Australia directors lose bid for ASIC chats with witnesses
White Collar 2019-09-09 3:56 pm By Miklos Bolza

Two former directors of Tennis Australia can’t access chats between ASIC and other executives from the tennis body, with a judge finding the documents recording the communications with the potential witnesses were created in anticipation of litigation and were therefore privileged.

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