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Full Court finds class actions are not managed investment schemes
Class Actions 2022-06-16 10:43 am By Cindy Cameronne

In a significant victory for litigation funders, the Full Federal Court has found that funded class actions are not managed investment schemes subject to regulatory oversight, gutting the legal basis for reforms enacted by the Morrison government in 2020.

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Judge allows report denying PFAS link with immunosuppression in contamination class action
Class Actions 2022-06-10 7:02 pm By Sam Matthews

A class action alleging the federal government contaminated Indigenous land with toxic firefighting foam has lost a challenge to a report by a scientist who declined to find that the foam could cause adverse health effects including immunosuppression and interfere with the efficacy of vaccines.

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Qantas takes fight over axing of ground staff to High Court
High Court 2022-06-02 11:23 pm By Cat Fredenburgh

Qantas has asked the High Court to reverse a judgment that found it violated the Fair Work Act by axing 1,800 ground staff partly to prevent them from bringing industrial action.

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MIS regime ‘just cannot work’ for class action funding arrangements, court told
Class Actions 2022-05-25 10:46 pm By Christine Caulfield

A litigation funder challenging a decision underpinning recently enacted rules that require class actions to be registered as managed investment schemes told an appeals court Wednesday the decision was plainly wrong and the regime unworkable.

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Quintis class action settlement takes hit as insurers win appeal
Insurance 2022-05-19 4:39 pm By Cindy Cameronne

Two insurers have won an appeal that blocks group members in a class action against sandalwood producer Quintis from receiving a further $11.25 million after a settlement was reached almost two years ago. 

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High Court to hear Botox trade mark appeal
Intellectual Property 2022-05-18 3:42 pm By Cat Fredenburgh

The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan’s trade marks by marketing its topical creams as Botox alternatives.

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No hard time limit on criminal charges against ME Bank, prosecutors say
Financial Services 2022-05-18 1:09 pm By Christine Caulfield

Challenging a ruling that tossed half the charges brought against direct bank Members Equity, prosecutors have told an appeals court the ASIC Act does not impose a strict deadline for bringing a criminal case of misleading or deceptive conduct.

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Toyota must pay $18,000 in damages to applicant in defective filter class action
Product Liability 2022-05-17 2:44 pm By Cindy Cameronne

A judge has awarded a Queensland motor vehicle assessor $18,400 in damages in a class action against Toyota over allegedly defective diesel filters in its cars that could see the automotive giant owe close to $2 billion to 260,000 car owners.

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GetSwift, directors drop appeal of judgment on ‘PR-driven’ approach to disclosures
Securities 2022-05-16 11:38 pm By Cat Fredenburgh

Logistics company GetSwift and its directors have dropped their challenge to a judgment that found the company breached its continuous disclosure obligations with its “PR-driven” approach to ASX statements.

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GST class action likely to be dropped after funder bows out
Class Actions 2022-05-05 4:26 pm By Cindy Cameronne

The future of a class action against a Canberra property developer accused of misleading investors about GST on their apartments is in doubt after the litigation funder withdrew support for the “uneconomic” case.

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