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Banksia class action funder admits court was misled on fees, says commission shouldn’t suffer
Class Actions 2020-07-27 5:46 pm By Christine Caulfield

The litigation funder behind the class action over Banksia Securities’ collapse has admitted it misled a costs consultant retained to report to the court on the reasonableness of the fees in the case, but says its commission should not take a hit as a result because the misconduct occurred after the litigation settled against Banksia’s trustee for $64 million.

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Administrators for fashion retailer PAS Group lose battle with landlords over rent
Restructuring & Insolvency 2020-07-24 11:04 pm By Christine Caulfield

Administrators for The PAS Group have failed in their bid to have almost $1.4M in rent declared an unsecured debt in the event the fashion retailer goes into liquidation amid the coronavirus pandemic.

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Law firm doesn’t have to hand over client files for potential class action
Class Actions 2020-07-23 9:21 pm By Alison Eveleigh

A national law firm has dodged an application for access to the files of its current and former clients brought by lawyers investigating a possible class action over allegedly excessive legal costs in personal injury litigation.

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James Cook University wins appeal of $1.2M judgment for sacked climate-skeptic professor
Appeals 2020-07-22 11:10 pm By Christine Caulfield

An appeals court has sided with James Cook University in its appeal of a ruling awarding $1.2 million to sacked climate skeptic professor Peter Ridd, saying the academic’s right to express unpopular views was “necessarily constrained”.

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Online gig platform fined $600,000 for misleading reviews
Competition & Consumer Protection 2020-07-22 11:03 pm By Cat Fredenburgh

Online odd jobs platform Service Seeking has been fined $600,000 for falsely representing that reviews on its platform were written by customers when in fact they were written by the businesses themselves.

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Government won’t challenge loss in live export class action
Class Actions 2020-07-22 10:16 pm By Cat Fredenburgh

The Federal Government will not challenge a ruling in a class action brought on behalf of live exporters which found a total ban on live cattle exports to Indonesia in 2011 was “capricious and unreasonable”.

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Uber fails in second bid to put brakes on taxi driver class action
Class Actions 2020-07-22 3:42 pm By Alison Eveleigh

Uber has lost its latest challenge to a landmark class action that alleges the ride-sharing giant engaged in a conspiracy to steal business from taxi and limousine drivers across four states, with an appeals court dismissing arguments the case failed to properly allege an intent to harm.

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ASIC won’t appeal Westpac responsible lending case to High Court
Financial Services 2020-07-22 2:56 pm By Christine Caulfield

ASIC has dropped its fight with Westpac over the bank’s financial assessment of home loan borrowers following political pressure, citing the “challenging economic circumstances”.

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Ashurst partner hit with indemnity costs in Point Piper property feud
Real Estate 2020-07-22 10:26 am By Christine Caulfield

An Ashurst partner in a long-running stoush with his former Family Court judge neighbour over a property in the harbourfront Sydney suburb of Point Piper has been hit with indemnity costs for “unreasonably” pushing his case.

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Judge slams opt out notice, ‘disturbing’ funder letter in Suncorp class action
Class Actions 2020-07-21 10:40 pm By Alison Eveleigh

A judge overseeing a class action against Suncorp over alleged conflicted remuneration has questioned a proposed opt out notice telling group members they should sign up with the funder backing the case or it might not proceed.

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