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27.5% the ‘standard benchmark’ for GCOs in earnings guidance class actions, court told
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 “standard benchmark” for earnings guidance cases. 
ASIC wins appeal over funeral insurer’s ‘Aboriginal-owned’ representations
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.
COVID-19 aged care class actions put on ice pending criminal trials
Still in the dark about insurance coverage and seeking to stem the flow of cash, two class actions against Heritage Care and St Basil’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 “wouldn't gladden the hearts of group members”. 
Judge doubts power to order irrelevant docs be produced in aged care class actions
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.
ASIC loses case against super trustee Diversa over banned advisor
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.
‘What’s the limit to this?’ Judge questions bid for insurance docs in COVID-19 outbreak class actions
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.
ASIC appeals partial loss in case against funeral insurer
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.
ASIC has ‘limited success’ in case against funeral insurer, wins $1.2M penalty
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.
Nursing home class actions try again for insurance docs
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.
Super trustee Diversa can’t dodge blame for banned financial adviser, court told
The Australian Securities and Investments Commission has told a trial judge that superannuation trustee Diversa can’t hide behind outsourcing arrangements to explain its alleged failures to oversee a now-banned financial adviser accused of luring vulnerable customers into signing up to Diversa accounts.