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Appeals court clarifies peak indebtedness rule in partial win for Gunns creditor
Restructuring & Insolvency 2021-05-11 12:57 pm By Miklos Bolza

An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.

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Judge slams Monsanto’s ‘highly unsatisfactory’ behaviour in Roundup class action
Class Actions 2021-05-10 4:27 pm By Miklos Bolza

A judge has criticised agricultural giant Monsanto for its “highly unsatisfactory” conduct in ignoring court orders in a class action over its allegedly cancer-causing Roundup pesticides.

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Creditors of LGL Commodities may have case against lawyers, judge says
Restructuring & Insolvency 2021-04-21 3:35 pm By Christine Caulfield

Creditors of LGL Commodities might have a right of action against solicitors for the company’s liquidators for failing to comply with court orders and omitting evidence in a case against a former director, a judge has ruled.

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Judge rejects government’s attempt to limit liability in Murray Darling class action
Class Actions 2021-04-13 3:27 pm By Miklos Bolza

A judge has found the Commonwealth and Murray Darling Basin Authority are not “public authorities”, striking out large portions of their defence in a class action brought by farmers alleging negligent oversight of water management in the critical Australian river system.

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Judge nips Advanta Seeds class action in the bud, finds no duty of care owed
Class Actions 2021-04-09 5:59 pm By Miklos Bolza

Advanta Seeds has defeated a class action brought over contaminated seeds, with a court finding the Australian seed supplier did not owe a duty of care to irate farmers who allegedly suffered loss and damage from the decreased value of their sorghum crops sowed in the 2010/2011 summer season. 

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Quintis class action settlement could get $11M boost after insurers come up short
Insurance 2021-04-06 3:10 pm By Miklos Bolza

A lengthy dispute over insurance in a settled class action against sandalwood producer Quintis has been resolved, with the Federal Court rejecting a challenge by two insurers to the rectification of policies that could provide a further $11.25 million in recoveries to group members.

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AIG can’t avoid bill for Murray Goulburn class action, judge rules
Insurance 2021-03-26 6:22 pm By Miklos Bolza

Insurer AIG Australia will have to pay collapsed diary processing firm Murray Goulburn at least $8.85 million after a court ruled it was liable to cover some of the costs of a $42 million class action settlement reached with irate investors last year.

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‘Troubled’ by costs in Monsanto class action, judge wants initial trial on Roundup cancer risk
Class Actions 2021-03-23 2:18 pm By Miklos Bolza

The judge overseeing a class action against Bayer-owned Monsanto has suggested a hearing by the end of the year on the cancer risks of the company’s Roundup products, saying judgment on that question would either encourage the proceedings to settle or end the case.

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Novel argument doesn’t save Gladstone Ports class action from costs, court says
Class Actions 2021-03-22 8:59 pm By Christine Caulfield

A judge has ruled the plaintiffs in the Gladstone Ports class action cannot reserve the legal costs of an application to avoid disclosure of expert reports, despite finding they had raised a novel issue.

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Potential class action to target Morrison government over white spot disease outbreak
Class Actions 2021-02-26 12:16 pm By Cat Fredenburgh

The federal government may be hit with a class action over biosecurity breaches that allegedly led to the 2016 outbreak of white spot disease in South-East Queensland that decimated the region’s commercial prawn industry.

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