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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
A judge has ordered ASIC to enter mediation before heading into a "very expensive" trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be "completely futile".
Sparke Helmore off the hook as IOOF unit loses appeal of $76M judgment
IOOF subsidiary Australian Executor Trustees failed to drag law firm Sparke Helmore into a case after it was hit with a $76.6 million judgment over breaches of duty in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group.
Fairfax denies defaming barrister in article linking him to ‘largest ever’ US tax fraud
Fairfax has hit back at claims in a lawsuit that the publisher defamed a barrister in an article alleging he helped Texas billionaire Bob Brockman defraud the United States of US$2 billion in taxes, denying the article defamed the lawyer and saying the report was an honest summary of publically available information.
Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising "real concerns" about the small portion flowing to group members.
High Court soon to decide issue of competing class actions
In Wigmans v AMP the High Court will shortly deliver judgment on the vexed issue of class actions that compete to represent substantially the same class or group. Dr Michael Duffy of Monash University previews the decision.
Class action seeks to expand claims against PwC over Axsesstoday accounting lapses
Bondholders of Axsesstoday are seeking to expand their claims in a class action against the collapsed asset finance lender and its accountant PricewaterhouseCoopers, alleging PwC kept investors in the dark about a spike in the company's arrears ratio prior to issuing a $50 million bond prospectus.
Fairfax rejected settlement offers with ‘bugger off letters’, Elaine Stead tells court
Venture capitalist Dr Elaine Stead is seeking indemnity costs after being awarded $280,000 in her defamation case against Nine-owned Fairfax, which she accuses of rejecting several settlement offers with "bugger off letters" and engaging in a "petulant campaign" of media coverage post-judgment.
Death causes six-month delay of trial in Merck, Pfizer vaccine patent dispute
The Federal Court has delayed a 15-day hearing in a pneumococcal vaccine patent dispute between Merck Sharp & Dohme and Pfizer after the sudden death of a family member of one of Pfizer's expert witnesses.
J&J slammed for ‘wreckage’ of a case in pelvic mesh class action appeal
A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a "wreckage" of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.
MySuper lawsuit gets one more chance before NAB pulls trigger on dismissal
Two NAB units have indicated they will seek to dismiss a lawsuit over alleged MySuper mismanagement which the court recently ruled was not validly commenced as a class action if the lead applicant fails in his bid to replead.