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BHP class action to take fresh look at pleadings after failure of CBA cases
Class Actions 2024-07-18 1:28 pm By Cindy Cameronne

A shareholder class action against BHP has sought more time to finalise its pleadings ahead of trial, after a judge threw out two class actions against the Commonwealth Bank that also alleged continuous disclosure breaches.

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Mired in interlocutory skirmishes, protracted BHP class action just got more entangled
Class Actions 2024-06-20 11:48 pm By Christine Caulfield

BHP wants to appeal a decision giving a class action the OK to fix what a judge accepted was an “inadvertent mistake” that resulted in a ruling — itself the subject of an appeal — which limited the group member definition.

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Class action against BHP can amend shareholder group after ‘inadvertent mistake’
Class Actions 2024-06-06 1:20 pm By Sam Matthews

The judge overseeing a six-year-old class action against BHP over the collapse of a Brazilian dam has allowed the applicant to retroactively amend the group definition, accepting that a pleading mistake was contrary to the intended class membership in the case.

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Victoria Solicitor-General Rowena Orr appointed to appeals court
Courts 2024-04-17 4:20 pm By Cat Fredenburgh

Senior counsel for the banking royal commission Rowena Orr KC has been appointed as a judge on Victoria’s Court of Appeal, with class action silk Alistair Pound appointed to fill her shoes as the state’s solicitor-general.

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BHP fights class action’s bid to augment group after pleading mistake
Class Actions 2024-03-25 9:58 pm By Sam Matthews

A five-year-old class action against BHP over the collapse of a Brazilian dam is seeking to amend the group definition following a judgment limiting the class size, but the mining company says it should not be punished for the applicant’s pleading mistake.

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Slater & Gordon can delay fight over security in shareholder class action
Class Actions 2024-03-01 5:51 pm By Sam Matthews

A judge has allowed Slater & Gordon to adjourn a fight about security for costs in a shareholder class action against Beach Energy until it has more favourable evidence of its debt financing position, over the energy company’s objection to the “doctrinally unprecedented” application.

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‘So what?’ Judge says rate-rigging class action can’t impose views on registration
Class Actions 2024-02-27 9:58 pm By Cat Fredenburgh

A judge has ordered soft class closure ahead of mediation in a class action against five major banks over alleged foreign exchange rate-rigging, saying the applicant’s subjective view on what will assist mediation should not be imposed on the banks.

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‘Don’t you want to know who you’re acting for?’: Judge probes applicant in rate-rigging class action
Class Actions 2024-02-26 4:33 pm By Sam Matthews

A judge has questioned the applicant’s opposition to soft class closure in a class action accusing five major banks of rate-rigging, a measure the banks say could save “tens of millions” in legal expenses. 

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Class action firm’s bid to delay fight over security ‘doctrinally unprecedented’, Beach Energy says
Class Actions 2024-02-21 9:35 pm By Sam Matthews

Beach Energy is fighting a bid to adjourn a fight about security for costs in a shareholder class action until the firm that’s running it has more favourable evidence of its debt financing position, saying the application is “doctrinally unprecedented.”

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BHP class action fights ruling limiting group size
Appeals 2023-11-28 1:44 pm By Cat Fredenburgh

A class action against BHP over the collapse of a Brazilian dam has appealed a judgment that found shareholders who did not purchase their stock on one of the three exchanges on which the mining giant is listed are excluded from the case.

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