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MIS regime to vex class action judges, experts say
Feature 2021-09-23 10:21 pm By Miklos Bolza

New requirements that funded class actions be run as managed investment schemes will throw up myriad new questions for the courts, with lawyers predicting novel challenges by defendants and group members and an altered landscape for competing class actions.

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Judge to hear second group costs order bid in G8 shareholder class action
Class Actions 2021-09-23 1:45 pm By Cindy Cameronne

A Victoria Supreme Court judge will hear the second ever application for a group costs order in a shareholder class action against G8 Education, saying she hoped to deal with the bid in a “straightforward way”.

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Judge slams ‘everything but the kitchen sink’ approach to Fair Work claims
Employment 2021-09-23 6:46 pm By Bianca Hrovat

A judge hearing a $2 million dispute between a former tenured professor and the University of New South Wales has lamented the lengthy pleadings filed in Fair Work cases, saying “everything but the kitchen sink seems to be thrown in, without any discrimination”.

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Judge won’t let two class actions against Freedom Foods, Deloitte run in parallel
Class Actions 2021-09-22 1:59 pm By Miklos Bolza

A judge has rejected an application by the plaintiffs in two class actions against Freedom Foods and Deloitte to run their cases side-by-side, but said she would have granted a bid to consolidate the proceedings had that been sought.

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NSW Bar says former barrister keeps practising, in criminal breach of injunction
Business of Law 2021-09-22 2:19 pm By Bianca Hrovat

A former barrister has continued to practice in local courts without a valid practising certificate, in “very serious” criminal contempt of a court-ordered injunction, the NSW Bar Association has told a court.

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Class action mediation ‘pointless’ without unregistered group member data, Pitcher Partners says
Class Actions 2021-09-22 4:30 pm By Christine Caulfield

A judge has refused a bid by accounting firms Pitcher Partners and EY to access share trading data of unregistered group members in a securities class action over advice to Slater & Gordon, despite claims upcoming mediation will be “pointless” without the information.

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Forum Finance director faces $300,000 legal bill, can’t mount defence, court told
Financial Services 2021-09-22 9:42 pm By Cindy Cameronne

A Forum Finance director is unable to file a defence against Westpac’s $400 million fraud case because his former solicitor has refused to hand over case files to his new lawyers until he pays a “remarkable” $300,000 legal bill, a court has heard.

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Freezing order imposed in $10.3M case against Blockchain Global
Financial Services 2021-09-22 4:41 pm By Cindy Cameronne

Investors have won a bid to freeze the assets of cryptocurrency exchange platform operator Blockchain Global after it allegedly stole $10.3 million from ninety-four traders.

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QBE says infectious disease exclusion applies to COVID-19 claims in Victoria
Insurance 2021-09-22 4:58 pm By Miklos Bolza

While a first test case in NSW rejected insurers’ interpretation of infectious disease exclusions in COVID-19 business interruption policies, potentially putting the industry on the hook for billions of dollars in claims, QBE says the law is on its side in Victoria.

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Judge denies law firm’s bid for indemnity costs, says $2.7M case not ‘hopeless’
Business of Law 2021-09-22 5:10 pm By Bianca Hrovat

A Melbourne law firm has lost its bid for indemnity costs after it failed to convince a judge that its settlement offer to a former client was anything more than a demand to capitulate in a “hard fought” legal battle over a $24.5 million East Melbourne development.

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