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Liquidators of S&P class action plaintiff win strikeout bid in spat over funder’s agreements
Class Actions 2021-06-08 4:24 pm By Christine Caulfield

A judge has gutted a defence and counterclaim filed by the biggest unitholder in investment fund Vale in a battle with a litigation funder and liquidators over agreements to join two class actions against S&P Capital, a fight that threatened to hold up one of the class actions.

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$10M settlement offer rejected by plaintiffs in Advanta Seeds class action
Class Actions 2021-06-08 2:04 pm By Christine Caulfield

Plaintiffs in a class action against Advanta Seeds rejected a $10 million offer to settle the litigation, which was later dismissed by a judge.

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Ben Roberts-Smith owed record damages after reputation ‘smashed and destroyed’ by Fairfax, court hears
Defamation 2021-06-08 12:57 pm By Cindy Cameronne

Decorated war veteran Ben Roberts-Smith is owed record aggravated damages from Fairfax for publishing allegations of war crimes that it knew was false and decimating his reputation, a court has heard.

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Judge shuts down derivative suit against CBL over $3M share acquisition
Securities 2021-06-07 11:03 pm By Miklos Bolza

A shareholder’s attempt to reverse a $3.15 million share acquisition by the managing director of construction giant Consolidated Builders Ltd has been dismissed by a judge, despite finding the case had “a reasonable probability of success”.

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Major retailers file class action over missing cargo ship containers
Class Actions 2021-06-07 3:08 pm By Miklos Bolza

A class action has been filed on behalf of major retailers seeking compensation over a May 2020 incident on the MV APL England vessel which saw valuable goods en route to Australia damaged or lost overboard during rough weather.

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‘Corrosive jealousy’ drove allegations against Ben Roberts-Smith, court hears
Defamation 2021-06-07 2:55 pm By Cindy Cameronne

Former soldiers driven by ‘corrosive jealousy’ of Ben Roberts-Smith plotted to take down the Victoria Cross recipient and were aided by “credulous journalists”, a court has heard.

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Peter V’landys appeals loss in defamation case over ABC racehorse cruelty report
Appeals 2021-06-07 10:07 am By Christine Caulfield

Racing NSW CEO Peter V’landys AM is challenging a judge’s decision to toss his defamation case against the ABC over a 7:30 segment that revealed racehorses were being killed in violation of industry rules. 

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Ben Roberts-Smith accuses ex-wife of accessing email correspondence with lawyers
Defamation 2021-06-04 11:42 pm By Christine Caulfield

The ex-wife of accused war criminal Ben Roberts-Smith may have accessed his email account containing privileged communications with lawyers, a barrister for the former soldier told a judge on the eve of his defamation trial against Nine.

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GetSwift class action faces fight to use witness evidence from ASIC case
Class Actions 2021-06-04 10:15 pm By Christine Caulfield

GetSwift is opposing a bid by the lead shareholder in a class action to rely at an upcoming trial on evidence given by overseas witnesses in last year’s hearing in ASIC’s case, and its resistance could force the class to bring a separate case in the US to compel fresh testimony, a court has heard.

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‘I don’t think it’s right’: Federal Court judge not a fan of landmark class closure ruling
Class Actions 2021-06-04 4:00 pm By Cindy Cameronne

A Federal Court judge has made his feelings known about a ruling by the NSW Supreme Court last year that found judges have no power to shut unregistered group members out of a class action, but said he was “just a single judge” and was bound by the decision.

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