Courts

Judge’s ‘extraordinary’ swipe at peers may do more harm than good: expert

A judge's public shaming of colleagues for delays in judgment delivery was an "extraordinary intervention" that risked undermining confidence in the judiciary, an expert warns, as the federal Attorney-General says a judicial commission remains under consideration.

Class Actions

NSW Supreme Court judge says up-front CFOs in class actions a ‘no-brainer’

A NSW Supreme Court judge looking to bring class actions back to the state says legislation that would allow common fund orders at an early stage of proceedings was a "no-brainer".

Class Actions

Judges should consider AI in class action beauty parades, costs assessor says

A costs assessor that works in class actions said she'll be scrutising whether firms deploy AI to save costs and suggested judges should consider firms' uses of AI when deciding carriage fights.

Chambers Russell Lawyers

ASIC director says door open for new way to prove corporate wrongdoing

An executive director at ASIC has said the High Court has “opened the door” for regulators to rely on a new way to prove corporate wrongdoing that does not require establishing that individuals within a company had a wrongful intent or relevant knowledge. 

Trials

Noumi CEO knew of ‘dramatic’ gap between reporting, reality, ASIC says

Kicking off its case against former Noumi CEO Rory Macleod, ASIC has told the court that Macleod was clearly aware of the "dramatic" difference between actual available stock and what was reported to the market in 2019 and 2020.

Securities

ASX agrees to $20.5M penalty on eve of trial in ASIC’s case

ASX Limited has reached a settlement with the corporate regulator just hours before a scheduled trial in a case over a market announcement that said its CHESS replacement project was “progressing well”.

Trials

‘Everyone had a chance’: Magnamail denies prize draw promotions were misleading

Mail order company Magnamail has denied allegations by the Australian Competition and Consumer Commission that it sent false or misleading promotional material implying customers were eligible for major prizes if they ordered from its catalogues. 

Policy and Regulation

WA to create judicial watchdog under new bill

Western Australia's government is set to introduce legislation for the establishment of an independent watchdog to deal with complaints about the state's judges and magistrates.

ASIC

Judge questions Macquarie getting large chunk of $102M Keystone payout

A judge has questioned whether Macquarie Financial should get 70 per cent of an interim $102 million distribution to people who sank their retirement savings into Keystone’s Shield Master Fund, which is being investigated for misuse of investor funds.

Discrimination

Giggle for Girls asks High Court to undo discrimination win for trans woman

Social media app Giggle for Girls has asked the High Court to reverse a finding that it committed direct discrimination on the basis of gender identity by excluding a transgender woman from its platform.

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