Most Recent
Borrowing funds to run class actions ‘not appropriate’, says expert
Class actions throw up all manner of ethical conundrums, but a recent Federal Court decision has shined a light on the question of whether funders and law firms should take out loans to run class actions and whether they can charge the costs to group members.
Judge asks if class action firm’s uncertain GCO back-up plan ‘artificial’
A judge overseeing a class action against Suncorp subsidiary AAI has questioned whether the "uncertain" plan B of a law firm seeking a 25 per cent group costs order was artificially uncertain to increase the relative appeal of its contingency fee bid.
ASIC takes Dixon Advisory director to court over $19M debt
ASIC is seeking penalties against Dixon Advisory & Superannuation Services director Paul Ryan for allegedly failing to consider clients when executing a deed that affected the financial advice firm’s ability to recoup a $19 million debt from its holding company. 
Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.
ASIC hits eToro with first-ever design and distribution action over CFDs
The Australian Securities and Investments Commission has filed its first action alleging breach of obligations in designing and selling financial products, accusing online investment platform eToro of inappropriately exposing clients to high risk CFDs.
Ultra Tune boss a ‘dreadful’ witness, says judge in ACCC’s contempt case
A judge overseeing the Australian Competition and Consumer Commission’s case alleging auto mechanic Ultra Tune failed to comply with court orders has labelled its managing director Sean Buckley as “one of the more dreadful witnesses” he had seen.
ABC journalist named in Heston Russell defamation case questioned on credibility of key source
A judge has questioned an ABC journalist who is the target of a defamation case by ex-commando Heston Russell if he should have treated a key source who another source called a "showpony" more cautiously while reporting on alleged war crimes in Afghanistan. 
Seven, Kerry Stokes must hand over emails exchanged with Ben Roberts-Smith’s lawyers
Fairfax can see 8,600 emails that passed between Seven’s commercial director and Ben Roberts-Smith’s legal team as it seeks significant defence costs in the accused war criminal’s unsuccessful defamation case, a judge has ruled. 
Public interest defence not defined by truth, ABC tells court in Heston Russell defamation case
The Australian Broadcasting Corporation has defended its reporting of alleged war crimes in a defamation case by ex-commando Heston Russell, saying the debate over whether its stories were in the public interest “rises well above truth”.