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Claims of class action explosion don’t add up, new report says
Exclusive 2019-11-11 4:40 pm By Christine Caulfield

An average of 23 class actions have been filed every year in Australia since the class action regime was introduced in 1992, a number that belies recent claims of an explosion in litigation, a new report by a leading class action expert says.

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Vocation class action lumbers on with pared claims
Class Actions 2019-11-11 4:02 pm By Cat Fredenburgh

Certain claims in a shareholder class action against insolvent training company Vocation and auditor PricewaterhouseCoopers have been dropped, as the long-running case awaits a new trial date pending the outcome of a separate Full Court appeal.

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Judge sends HIH Insurance legal fee fight back to the drawing board
Restructuring & Insolvency 2019-11-07 10:22 pm By Miklos Bolza

A NSW Supreme Court judge has raised concerns about a dispute over fees owed to two law firms and a funder in relation to four shareholder actions brought against the liquidators of HIH Insurance.

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ASIC secures disqualifications, fines against Vocation directors
ASIC 2019-11-04 2:15 pm By Christine Caulfield

Three former Vocation executives  — including former federal Treasurer John Dawkins — have been hit with disaqualification orders and fines totalling $125,000 after a court found they breached their directors’ duties ahead of the collapse of the education provider.

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Pirate fund files $6.3M lawsuit against stock exchange over suspension
Corporate 2019-10-31 11:30 pm By Cat Fredenburgh

An investment fund named after a 17th-century pirate has hit the National Stock Exchange with a $6.3 million lawsuit over a suspension decision it calls “capricious” and a violation of the NSX’s terms.

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Litigation funder throws off lawsuit seeking cut of $5M class action fee
Business of Law 2019-10-29 4:07 pm By Cat Fredenburgh

Lawfinance, formerly known as Just Kapital, has won summary dismissal of a lawsuit initiated by its founder seeking a piece of the funder’s $5 million cut of the $16.85 million Wickham securities class action settlement.

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Group members left with less than half of $18M UGL class action settlement
Class Actions 2019-10-29 1:50 pm By Christine Caulfield

UGL shareholders that signed up to a class action against the engineering company over disclosures related to its Ichthys power plant contract will get less than half of an $18 million settlement, even after the litigation funder takes a steep cut to its 30 per cent commission and the plaintiff’s firm caps its fees.

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Woolworths class action funder wants up to 35% of any recovery
Class Actions 2019-10-28 12:23 pm By Christine Caulfield

The funder backing a shareholder class action against Woolworths wants a 35 percent slice of any settlement or judgment in the $100 million case, according to its agreement with the applicants.

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Analysis 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Judge rules Myer misled shareholders, backs market-based causation
Class Actions 2019-10-24 2:39 pm By Christine Caulfield

A judge has ruled that department store Myer engaged in misleading or deceptive conduct and breached its continuous disclosure obligations when it failed to correct its “inflated” 2015 net profit forecasts, but said shareholders may not have suffered any loss flowing from the breaches, in a monumental decision that also found investors do not always need to prove direct reliance on misrepresentations in claiming damages in class actions.

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