Ross Foreman

A law firm partner working on a shareholder class action over the collapse of Blue Sky Alternative Investments has faced cross-examination by counsel for auditor EY over alleged delays in seeking to amend the case.

The managing director of the Australian arm of property developer Arada has lost his bid to bar a vote on his termination as he and the group's CEO sling allegations of misconduct and dishonesty. 

The shareholder leading a class action against failed fund manager Blue Sky Alternative Investments has lost a bid for a split trial it accepted was novel, despite arguing the usual course for trials in securities cases was "misconceived".

The High Court has unanimously found the Federal Court has no power to allow solicitors to take a cut of a settlement or judgment in a shareholder class action against Blue Sky, saying it would be contrary to rules against contingency fees in NSW. 

A judge has expressed worries that a class action against EY and collapsed Blue Sky Alternative Investments is “drifting” amid concerns from the defendants about "indulgent" discovery and potentially “significant” pleading changes.

As the High Court hears oral arguments this week on the reach of power to make common fund orders for firms and funders bringing class actions, Lawyerly gives a cheat sheet on what the justices could do.

A developer is on the hook for $2.6 million after a court found he misappropriated a tax refund associated with a scheme to develop property in Spring Farm, NSW and put it towards a luxury Sydney home in his wife’s name. 

The High Court has agreed to rule on whether common fund orders can ever be made in class actions, including so-called solicitors' common fund orders allowing lawyers to earn a cut of any settlement.

If it takes up the Federal Court's ruling in favour of solicitors seeking to earn a cut from a class action, the High Court will be asked to overrule its 2019 decision against common fund orders.

The High Court has been asked to overturn a Full Court decision finding lawyers can take a cut from a class action settlement under a solicitors’ common fund order and to finally settle the question of whether the court has the power to issue common fund orders at all.