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Surfstitch class action settlement in peril as debate rages over opt-out notice
Class Actions 2018-11-01 8:20 pm By Miklos Bolza

Judges do not have the power to approve a class action settlement without first issuing an opt-out notice to group members, the court-appointed contradictor in two shareholder class actions against online fashion retailer Surfstitch told the NSW Supreme Court Thursday.

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Sanitarium, Rebel appeal ruling in $1.4M suit over promotion campaign
Contracts 2018-09-07 4:58 pm By Miklos Bolza

Cereal giant Sanitarium and retailer Rebel Sports are challenging a decision dismissing proceedings against a UK marketing company amid a contractual dispute over a recent joint promotional campaign.

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Judges to up scrutiny of confidentiality in class action settlements
Analysis 2018-08-30 11:30 pm By Christine Caulfield

The decision by a federal judge to refuse calls for a confidentiality order keeping under wraps S&P Global’s massive class action settlement is a welcome one, experts say, and a preview of judgments to come.

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S&P, ANZ pay $215M to settle class actions over CDO ratings
Class Actions 2018-08-30 11:22 am By Miklos Bolza

S&P Global will pay $215 million to settle six consolidated class actions brought by investors over toxic CDOs, a figure revealed by the Federal Court on Thursday despite calls that it be kept secret.

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Funder was ‘moving force’ behind ‘doomed’ Octaviar class action, court told
Class Actions 2018-08-22 10:16 pm By Miklos Bolza

The Public Trustee of Queensland asked a court Wednesday for indemnity costs from a global litigation funder its says was the “real moving force” behind a dismissed investor class action it called a “nakedly speculative venture”.

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Sanitarium, Rebel can’t sue UK insurer over promotion campaign
Contracts 2018-08-17 11:58 pm By Cat Fredenburgh

A court has dismissed proceedings filed by cereal giant Sanitarium and sports equipment retailer Rebel Sports against a UK-marketing company over a risk transfer agreement that promised to indemnify the companies for a recent joint promotion campaign. 

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S&P settlement approved despite ‘extraordinarily large’ funder fee
Class Actions 2018-08-09 9:34 pm By Miklos Bolza

A judge has given the green light to a settlement of seven class actions against ratings agency S&P Global over toxic financial products, saying despite an “extraordinarily large” litigation funding fee the deal was a “significant vindication” of group member claims.

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Fitch class action can probe rosy ratings of Sigma Finance
Class Actions 2018-08-08 10:50 pm By Miklos Bolza

The lead applicant in an investor class action against Fitch Ratings will get its hands on internal reports detailing why the agency assigned a Triple A rating to Sigma Finance Corporation ahead of its 2008 collapse, and whether it could have predicted the fall of the $27 billion investment fund. 

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Full Court questions restraint against class action lawyers
Class Actions 2018-08-07 10:21 pm By Miklos Bolza

The Full Federal Court expressed doubts Tuesday about an “unusual” and “heavy handed” order restraining lawyers leading the stayed class actions against GetSwift from advising their clients about whether to opt out of the prevailing action.

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GetSwift class action should be reheard by new judge, Full Court told
Class Actions 2018-08-06 9:03 pm By Miklos Bolza

The judge overseeing the GetSwift class action proceedings was bent on picking a winner from the outset and should be removed from the case for rehearing, a barrister for one of the losing law firms told the Full Federal Court Monday.

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