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Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.
Judge gives ACCC go-ahead to continue case against insolvent Jump
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The Australian Competition and Consumer Commission has won its bid to continue proceedings against the insolvent operator of the Jump! swim school franchise and its director, with a court finding the case was in the public interest.
Property developer Ralan Group faces potential class action over collapse
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William Roberts Lawyers and a litigation funder are investigating potential claims by property purchasers and investors against Ralan Group after the developer entered administration and creditors were warned to “prepare for a poor outcome”.
Holding Redlich lawyer tells ICAC he ‘would never advise a client’ to cover up illegal donations
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Holding Redlich national managing partner Ian Robertson has “categorically denied” that he advised the NSW Labor general secretary to cover up a $100,000 illegal political donation, telling ICAC that he “would never advise a client to behave in that manner”.
Judge hands win to Starcom liquidator over insolvent trading period
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Two former directors of collapsed business and IT solutions provider Starcom Group have failed in their attempt to toss a referee’s report that found the company was insolvent 22 months before it was wound up.
Ex-Tennis Australia directors lose bid for ASIC chats with witnesses
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Two former directors of Tennis Australia can’t access chats between ASIC and other executives from the tennis body, with a judge finding the documents recording the communications with the potential witnesses were created in anticipation of litigation and were therefore privileged.
Federal Court approval of funding commission recognises risks faced by funders
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In a recent decision, Federal Court Justice Jonathan Beach approved the settlement of the securities class action against Sirtex Medical. The approval included the judge making a common fund order and allowing funder IMF Bentham’s commission in the amount of $10 million, namely 25% of the gross settlement sum of $40 million. In approving the commission, Justice Beach noted that the rate should properly provide a reward for the risks undertaken by the funder, writes IMF Bentham’s Gavin Beardsell and Kate Hurford.
Liquidators can find some Plutus workers’ claims not a priority, judge says
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The liquidators of Plutus Payroll Australia, the company at the heart of a high profile $105 million tax fraud, can determine that claims made during the liquidation by some of its 4,500 workers are not claims of employees and do not need to be prioritised.
Hytera takes another shot at defending Motorola theft claims
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Hytera will take another shot at winning court approval to amend its defence so it can blame Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner.
Vittoria roasts Lavazza over ‘oro’ trade mark
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A simmering battle over the ‘oro’ trade mark has bubbled over, with Australian coffee giant Vittoria filing Federal Court proceedings alleging Italian competitor Lavazza has knowingly violated its trade mark for the Italian word gold.