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Funder to get 30% cut of confidential KPMG class action settlement
Class Actions 2019-04-05 1:19 pm By Miklos Bolza

Litigation funder Litigation Capital Management will snap up 30 percent of a confidential settlement amount that KPMG has fought to keep under wraps in a shareholder class action over a failed $830 million hostile takeover bid of mining firm Discovery Metals.

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Judge says no to security for costs in unfunded Zoetis horse vaccine class action
Class Actions 2019-04-04 11:00 pm By Christine Caulfield

A judge has refused an application by horse vaccine maker Zoetis for $450,000 as security for costs in an unfunded class action alleging misleading claims by the pharmaceutical company, saying while he had the power to make the order sought, the “principled exercise” of his discretion was to reject the bid.

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GetSwift class action to get in line behind ASIC case
Class Actions 2019-04-04 8:27 pm By Miklos Bolza

A judge has agreed to postpone a trial against logistics provider GetSwift until next year when a class action and a lawsuit by the Australian Securities and Investments Commission related to the company’s disclosures will be heard consecutively rather than concurrently.

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Former bubble tea franchisee in hot water over alleged underpayments
Employment 2019-04-04 10:48 am By Miklos Bolza

The Fair Work Ombudsman has commenced legal proceedings against a former Chatime franchisee for allegedly underpaying 17 employees over $46,000 at its Sydney CBD store.

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Clayton Utz to represent La Trobe University in law school head’s suit over suspension
Employment 2019-04-03 10:23 pm By Christine Caulfield

La Trobe University has retained big six law firm Clayton Utz to represent it in legal action brought by the head of its law school after he was suspended over complaints of bullying by two other professors, who have asked the court for suppression orders in the case.

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ATO wins appeal over share sale by Cayman Islands-based private equity funds
Tax 2019-04-03 9:07 pm By Cat Fredenburgh

An appeals court has sided with the tax office in a dispute against two corporate limited partnerships formed in the Cayman Islands, finding that ATO tax assessments issued for the sale of shares in global mining company Talison Lithium were valid and correct.

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Judge ‘uncomfortable’ with common fund order in toxic foam class actions
Class Actions 2019-04-03 5:21 pm By Miklos Bolza

A judge overseeing three toxic foam class actions against the Commonwealth of Australia has said he’s not comfortable approving a common fund order which does not detail specific remuneration amounts for funder IMF Bentham.

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Judge orders costs for infamous anti-suit injunction in AMP class action turf war
Financial Services 2019-04-02 10:36 pm By Christine Caulfield

A judge who entertained an anti-suit injunction in the AMP class action jurisdictional battle that set off what another judge called an “unseemly debacle” has ordered the applicant behind the injunction bid to pay costs.

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Airservices managers left worse off under individual contracts, class action trial hears
Employment 2019-04-02 9:31 pm By Miklos Bolza

Lawyers for a class action against the Federal Government-owned Airservices told a court Tuesday that higher salaries on individually negotiated management contracts did not leave managers better off than they would have been under relevant collective enterprise agreements.

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REST questions duty of care in lawsuit over climate change disclosures
Environment 2019-04-02 7:51 pm By Miklos Bolza

The trustee of the Retail Employees Superannuation Trust wants more details about an ecological landscaper’s allegation that it breached its duty of care by failing to make adequate disclosures about climate change risks.

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