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Linchpin class action concerned about ‘authenticity’ of evidence for trial
Restructuring & Insolvency 2023-05-17 1:33 pm By Cindy Cameronne

The applicant in an investor class action over the collapse of advisory firm Linchpin Capital and Endeavour Securities has raised concerns about the authenticity of Linchpin’s business records, which it wants to put into evidence at trial in two months.

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‘Not motivated by access to justice’: Funder hit with indemnity costs in copyright case
Intellectual Property 2023-05-17 3:08 pm By Cindy Cameronne

A judge has ordered a litigation funder that bankrolled a photographer’s unsuccessful copyright claim against CoreLogic to pay indemnity costs to the property data analytics company, saying the funder was not “motivated by any concerns for access to justice”.

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Court tosses conviction of Fly365 director, says case ‘doomed to fail’
Restructuring & Insolvency 2023-05-17 2:08 pm By Sam Matthews

A court has tossed a conviction secured in ASIC’s case against a director of collapsed flight booking platform Fly365, saying the case was “doomed to failure.”

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ASIC claims Solvar unit provided unsuitable car loans to vulnerable customers
ASIC 2023-05-17 11:00 pm By Gareth Baker

The Australian Securities and Investments Commission has dragged lender Money3 to court for allegedly failing to properly assess the creditworthiness of low-income individuals before saddling them with $11,000 loans for second-hand car purchases.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Technology 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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‘Silly case’ between class action applicant, funder settles
Class Actions 2023-05-16 4:24 pm By Christine Caulfield

A clash between a class action applicant and a litigation funder over $1.2 million in claimed expenses has settled, after a judge ordered the sides to personally attend mediation.

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With no funder, Colonial class action members better off by up to $12M, court finds
Class Actions 2023-05-16 4:53 pm By Christine Caulfield

Customers of wealth manager Colonial First State were $10 million to $12 million better off without a litigation funder in a class action over the slow transfer of accounts to low cost MySuper funds, a judge has found.

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UFG to pay $5M for misleading gym franchisees about ‘near valueless’ businesses
Franchises 2023-05-16 4:24 pm By Cindy Cameronne

The company behind the Ultimate Fighting Championship gym franchise has been ordered to pay $5 million to three franchisees after a judge found it misled them about businesses which were “near valueless” and unlikely to make profit. 

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Ex-commando slams ABC’s ‘nonsensical’ argument against damages in defamation case
Defamation 2023-05-16 1:20 pm By Cindy Cameronne

Former Army major Heston Russell has panned the ABC’s argument that it is not liable to pay damages in his defamation case because he identified himself and was given an opportunity to respond to stories that suggested he was involved in murdering an Afghan prisoner.

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In decades-long fight over coal seam gas fields, Tri-Star loses referee bid
Energy & Natural Resources 2023-05-16 3:55 pm By Cindy Cameronne

Texas oil giant Tri-Star has lost its bid for a referral in a dispute with natural gas exporter Australia Pacific LNG over several coal seam gas fields in Queensland and $7.6 billion in share acquisitions.

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