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Sparke Helmore equally responsible for $76M judgment against IOOF unit, court hears
Sparke Helmore is equally responsible for a $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by collapsed forestry giant Gunns Group, an appeals court heard Thursday.
Courts criticised for losing sight of justice in Takata airbag class closure challenge
The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.
Judge won’t join insurer to Reed Construction liquidator’s insolvent trading case
A judge has refused to join the insurer of collapsed Sydney builder Reed Constructions to insolvent trading proceedings brought by the company's liquidators, after finding it was unreasonable to expect the insurance company to irrevocably confirm coverage.
Chris Gayle defeats defamation appeal by publishers despite lawyer going ‘too far’ at trial
The publishers of the Sydney Morning Herald, The Age and The Canberra Times have lost an appeal of a $300,000 defamation award to cricketer Chris Gayle, despite the appeals court finding Gayle's barrister had gone "too far" in his submissions to the jury.
Sanitarium, Rebel lose appeal over $1.4M promotion campaign
Cereal giant Sanitarium and retailer Rebel Sports have lost their appeal against a decision of the NSW Supreme Court staying proceedings against a UK marketing company in a dispute over a $1.4 million joint promotional campaign.
Judge not too old to hear banned doctor’s case, court says
An appeals court has dismissed a banned medical doctor's challenge to the granting of three vexatious proceedings orders on constitutional grounds that the judge who made the orders was too old.
Appeals court tosses challenge to Allianz Stadium demolition
A Sydney community group has lost a last-minute challenge to the demolition of Allianz Stadium, with the Court of Appeal throwing the case out in a unanimous decision.
Common fund rulings a boon for class action litigation funders, experts say
Two rulings Friday keeping alive the common fund order are a ringing endorsement by the courts of the important role that litigation funders play in class actions, experts say, and have paved the way for more funded post-Hayne consumer litigation against banks and other financial services firms this year.
Judges have the power to issue common fund orders, appeals courts rule
Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.
Common fund orders fulfil class action promise, lawyers tell historic appeals court
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.