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Class action funder must indemnify Virgin despite ‘nonsensical’ agreement
Class Actions 2022-09-02 10:14 pm By Cindy Cameronne

A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.

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Class action against Westpac says bank’s discovery not up to Worley standard
Class Actions 2022-08-24 11:17 pm By Christine Caulfield

Westpac and the lead applicant in a class action filed in the wake of AUSTRAC proceedings are still battling it out over discovery of evidence three years into the case. And the applicant claims the bank’s discovery protocol fails the new test set by the Full Federal Court earlier this year.

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Law firms’ agency agreement prevails over ‘opaque’ funding in Nuix class action battle
Class Actions 2022-08-23 11:04 pm By Sam Matthews

Law firms Shine Lawyers and Phi Finney McDonald have won a contest to jointly run a class action against embattled tech company Nuix, with rival Banton Group losing out on its “opaque” funding agreement.

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No jackpot for Aristocrat, with High Court split on computer-implemented inventions
High Court 2022-08-17 11:12 pm By Cindy Cameronne

Gaming giant Aristocrat Technologies has lost its legal challenge to a decision that rejected a patent for its popular Lightning Link electronic poker machine, after six High Court Justices were equally split on whether it could be patented.

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Globaltech’s mining survey patent faces second challenge
Appeals 2022-08-10 10:58 pm By Cat Fredenburgh

A Globaltech patent for mining survey tools is facing another test, with rival technology company Reflex Technologies lodging an appeal after its invalidity challenge flopped.

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Nimble Money wins appeal in shareholder’s bid to peek at books
Financial Services 2022-08-08 11:03 pm By Cindy Cameronne

The largest shareholder in payday lender Nimble has lost its challenge to a decision blocking it from accessing company documents about an impending debt refinance, with an appeals court finding the investor’s concerns had “an air of commercial unreality”.

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‘No brainer’ that Arrium was failing when directors drew down funds, court told
Restructuring & Insolvency 2022-08-02 11:09 pm By Cindy Cameronne

Several lenders have appealed a ruling that found they failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse, saying it was a “no brainer” that the company was in dire straits when its directors sought extra funds.

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Gilbert + Tobin snaps up K&L Gates construction global co-head
Business of Law 2022-07-21 9:43 pm By Cindy Cameronne

Gilbert + Tobin has lured K&L Gates’ global co-head of construction to join its energy and infrastructure practice in Melbourne. 

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Izuzu targeted in class action investigation over allegedly defective utes
Competition & Consumer Protection 2022-07-19 5:22 pm By Cat Fredenburgh

The law firm whose probe into allegedly defective diesel particulate filters in Toyota cars has led to a verdict worth as much as $2 billion against the car maker has launched a class action investigation into diesel particulate filter issues with two models of Isuzu utes.

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Nuix slams class action carriage agreement as ‘anti-competitive’
Class Actions 2022-07-18 4:18 pm By Sam Matthews

Shine and Phi Finney McDonald’s fallback plan to cooperatively run a class action against Nuix has come under fire, with the technology company urging the court to make the two firms compete against one another for sole carriage.

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