The first ever amicus appointed in a fight over the wording of an opt out notice in a class action has told a court a proposed novel funding model in a case against retirement home provider Aveo Group could be a “nightmare scenario” for certain group members.
The Full Federal Court has dismissed former Blue Star Helium CEO James Cruickshank’s challenge to a $40,000 penalty and four-year ban for failing to disclose to shareholders the identity of the buyer behind a botched sale of Texas oil assets.
The federal government said Friday it would consider the implications of an appeals court’s finding that the managed investment scheme structure was unsuited to class actions, a ruling it said was a victory for ordinary Australians and a vindication for Labor.
The ruling by the Full Federal Court that funded class actions are not managed investment schemes marks the end of an ill-considered regime enacted by the Morrison government to rein in class actions, but the debate over regulation of litigation funders is not over yet.
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.
A judge has given his approval to the takeover of Crown Resorts by US private equity group Blackstone.
Mayfair Group’s James Mawhinney has given an undertaking to not contact group members in a class action against a trustee of the collapsed IPO Wealth fund after allegedly urging investors, through a PR firm, to reject a settlement offer.
Investors in Mayfair Group’s collapsed IPO Wealth Fund stand to recoup “a lot less” than their alleged $67 million in losses from a settlement in a class action alleging the fund’s trustee misled the unit holders — but they will take home 75 per cent of the resolution sum, a court has heard.
A judge overseeing a class action against retirement home provider Aveo Group has appointed an amicus curiae for what is believed to be the first time to assist the court in a fight over the wording of an opt out notice describing a “novel” funding model.
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.