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Judge approves GCO in James Hardie class action, says funded cases ‘more expensive’
Class Actions 2024-04-11 2:13 pm By Sam Matthews

A judge has approved a group costs order in a shareholder class action against building materials giant James Hardie Industries, giving firm Echo Law a 27.5 per cent cut of any proceeds from the case.

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27.5% the ‘standard benchmark’ for GCOs in earnings guidance class actions, court told
Construction 2024-03-28 4:39 pm By Cindy Cameronne

A law firm running a shareholder class action against building materials giant James Hardie Industries has argued for a 27.5 per cent group costs order, saying it was the ā€œstandard benchmarkā€ for earnings guidance cases.Ā 

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ASIC wins appeal over funeral insurer’s ‘Aboriginal-owned’ representations
Appeals 2024-02-29 11:18 pm By Cat Fredenburgh

The Full Federal Court has found it was “abundantly clear” on the evidence before a trial judge that funeral expenses insurance provider ACBG misrepresented to Aboriginal customers that it was Aboriginal owned or managed, but found ASIC contributed to the error with its bad pleadings.

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COVID-19 aged care class actions put on ice pending criminal trials
Class Actions 2024-02-01 3:40 pm By Sam Matthews

Still in the dark about insurance coverage and seeking to stem the flow of cash, two class actions against Heritage Care and St Basilā€™s over COVID-19 outbreaks have been shelved pending the outcome of criminal cases against the Victorian aged care providers, in a decision the judge said ā€œwouldn’t gladden the hearts of group membersā€.Ā 

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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ASIC loses case against super trustee Diversa over banned advisor
Financial Services 2023-10-24 10:27 am By Sam Matthews

A judge has dismissed court proceedings brought by the corporate regulator against superannuation trustee Diversa over its alleged failure to oversee a now-banned financial adviser, ruling that the knowledge of downstream entities could not be attributed to Diversa.

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ā€˜What’s the limit to this?’ Judge questions bid for insurance docs in COVID-19 outbreak class actions
Insurance 2023-10-19 9:15 pm By Sam Matthews

A judge has questioned a challenge by two class actions against Victorian aged care providers to a ruling that rejected their bid for insurance and financial information, which the defendants argue would have far-reaching implications.

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ASIC appeals partial loss in case against funeral insurer
Appeals 2023-10-03 11:31 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has filed an appeal after a judge ordered ACBF Funeral Plans to pay $1.2 million for misleading its First Nations customers, less than one-fifth of what the regulator sought.

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ASIC has ‘limited success’ in case against funeral insurer, wins $1.2M penalty
Competition & Consumer Protection 2023-09-05 11:13 pm By Christine Caulfield

A judge has order ACBF Funeral Plans to pay $1.2 million for misleading its First Nations customers, a penalty less than one-fifth the fine sought by ASIC.

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Nursing home class actions try again for insurance docs
Class Actions 2023-08-17 11:32 pm By Cat Fredenburgh

Two class actions against Victorian aged care providers on behalf of families of residents who died due to alleged failures during the COVID-19 pandemic have appealed a ruling that rejected their bid for insurance and financial information to assist in mediation.

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