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Class action members benefit when funder’s payout in line with risk, judge says
Class Actions 2023-01-13 10:37 pm By Christine Caulfield

In reasons for approving a $41 million deal to settle one of three shareholder class actions over Slater & Gordon’s acquisition of a UK firm and awarding the funder 28 per cent, a judge has challenged a persistent notion that the interests of litigation funders and group members are at odds.

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Judge imposes $450,000 penalty against Australian Mines
Energy & Natural Resources 2023-01-13 3:49 pm By Cat Fredenburgh

A judge has approved a $450,000 penalty against Australian Mines in ASIC proceedings brought after its managing director was allegedly caught lying at an investment conference about the value of an offtake agreement and funding for a project at its cobalt and nickel mine in Queensland.

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Court dismisses unrepresented pensioner’s class action against Department of Social Services
Class Actions 2023-01-13 2:56 pm By Sam Matthews

A judge has dismissed a class action brought by a pensioner against the Department of Social Services over its real estate asset testing for pensions, citing his lack of legal representation.

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Former Demons president and Clayton Utz partner Glen Bartlett can’t keep defamation case in WA
Defamation 2023-01-12 4:58 pm By Sam Matthews

Former president of the Melbourne Football Club and Clayton Utz veteran Glen Bartlett has lost a bid to keep his defamation case against four MFC board members in Western Australia, with a judge finding the “relevant characters overwhelmingly continue to live in Melbourne.”

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Sportsbet wins anti-suit injunction against US case by sportsbet.com owner
Gaming 2023-01-12 11:49 am By Sam Matthews

Sportsbet has won an injunction preventing the owner of the sportsbet.com domain from prosecuting an action in the US, which a judge said sought to interfere with an Australian domain name battle “in the most stark fashion.”

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Judge OKs Sims class action settlement, says funder can have commission and ATE insurance
Class Actions 2023-01-11 3:46 pm By Christine Caulfield

After initial qualms, a judge has signed off on a $29.5 million settlement in a class action against recycling company Sims that includes a “staggering” $8.5 million in legal costs and an insurance policy buffering the funder from adverse costs.

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Late judgment in ASIC case derails Quintis class action trial date
Class Actions 2023-01-11 5:01 pm By Cat Fredenburgh

A judge has vacated an upcoming trial in shareholder class actions against former Quintis director Frank Wilson and Ernst & Young, after learning judgment in similar ASIC proceedings against Wilson will not be delivered before the class action hearing kicks off.

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In-N-Out Burgers wins injunction in IP fight against ‘ghost kitchen’ operator
Intellectual Property 2023-01-11 11:05 am By Sam Matthews

American fast food chain In-N-Out Burgers has won an injunction against a Queensland ‘ghost kitchen’ that operates solely through meal delivery apps, after it failed to comply with court-ordered undertakings.

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Applicant wants do-over in failed Zoetis horse vaccine class action
Appeals 2023-01-10 4:38 pm By Cat Fredenburgh

The applicant who lost a class action against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine has filed an appeal, arguing the judge should have found the vaccine was not of acceptable quality.

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Rejected costs report in Woolworths class action got proportionality wrong, judge says
Class Actions 2023-01-10 11:02 pm By Sam Matthews

A costs report in a settled class action against Woolworths that recommended almost $800,000 in legal fee deductions failed to wrestle with a key factor in weighing the proportionality of the costs, a judge has said.

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