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Medibank has criticised a judge’s finding that legal professional privilege did not attach to a Deloitte report commissioned in the wake of a massive data breach, arguing she came to an “illogical” conclusion.
The applicant in a class action against The Reject Shop told an appeals court Tuesday the case was always a representative proceeding despite a pleading mistake that left it empty of group members.
Describing it as the most significant corporate governance action taken in his time at ASIC, the regulator's chief says the Star case is a wake-up call for directors.
The judgment in ASIC's case against Star's top executives and directors sounds a warning that board members need to proactively test information and serves as a "stark reminder" to general counsel that their duties are owed to the company, not management, experts tell Lawyerly.
Delivering his findings on ASIC’s action against Star Entertainment executives on Thursday, Federal Court Justice Michael Lee remarked that the “self-congratulatory submissions" of former board members named in the case were "jarring”.
In finding Star Entertainment's former group general counsel liable for breaches of duty, the judge overseeing ASIC's case has questioned the chief lawyer's insistence that she "rarely gave legal advice" and that her roles with the company should be delineated.
ASIC has had mixed success in a case against former Star directors and officers, with a judge finding the casino operator’s former CEO and GC breached their duties but that claims against the former board fell short.
NAB super fund trustee NULIS Nominees had no power to continue charging members for $165 million in fees to pay adviser commission after conflicted remuneration was banned in 2016, an appeals court has heard.
Aged care provider Bupa can't challenge the dismissal of its bid for a quick win in a class action over the standard of care at its facilities, despite a court noting the case has "some curiosities".
The Full Federal Court may need to weigh in on whether the judge overseeing an underpayments class action against the Reject Shop had the power to make an order altering the group definition.