Barristers

Another failed class action is headed to the Full Court, with a case against ex-CBA unit Count Financial appealing a ruling that found advisors did not breach their duty to act in their clients' best interest.

A lawyer acting for two senior Super Retail Group employees presented a PowerPoint to solicitors for the company on the damage to its share price if his clients' allegations went public, court filings say.

The common practice of splitting hearings on questions of liability and penalty may become “completely untenable” when there are credit issues, if the High Court upholds a recent recusal decision, a judge has said.

Liquidators for iProsperity have been given the greenlight to enter into retainers with Norton Rose Fulbright to pursue claims against the defunct property group’s general manager and Crown Melbourne.

General Motors has moved to strike-out a class action over allegedly faulty transmission systems in Holden cars, arguing the plaintiff needs to plead the alleged design flaw with specificity, not just by reference to symptoms.

The ACT government is pushing for an initial trial dealing with “gateway questions” in a class action over alleged forced relocations of public housing tenants, after it lost a bid to summarily dismiss the case. 

Entities linked to the late solicitor Mark Elliott are set to pay $10 million to settle claims by Banksia class action members, despite a related company owning $70 million on trust, a court has heard. 

A judge has approved a $43 million settlement in a class action action alleging Noumi misled investors about its inventory, including a 22 per cent group costs order to be split between the two law firms that ran the case.

Developer Geocon has lost its bid to strike out claims in a case over Canberra's Infinity Towers that it breached statutory warranties, with a judge saying it was a difficult legal issue best left for trial. 

An activist group which unsuccessfully challenged the government’s approval of a wind farm in North Queensland because of its effects on rare birds has lost its bid to dodge costs on public interest grounds, with a judge saying both sides sought to advance the public interest.