Judges

Wealth manager Escala Partners has failed in its bid to restrain two senior financial advisors who defected to rival Crestone from working in wealth management and soliciting its clients.

A judge has awarded carriage of a class action against Jaguar Land Rover over allegedly defective diesel filters to a law firm that won a similar case against another car maker, saying the firm's experience was not a "neutral factor".

The Full Federal Court has answered a question vexing the court for the past four years, ruling that class action judges have the power to make common fund orders at settlement that allow litigation funders to reap a percentage commission beyond their contractual entitlement. 

A second law firm is likely to throw its hat in the ring to run a competing class action against Qantas over flight cancellations in the COVID-19 pandemic, but a judge has made orders trying to side-step a carriage fight, criticising them as “wasteful and expensive”. 

A judge has approved the settlement of a class action brought on behalf of sovereign bondholders over the disclosure of climate change risks, despite a late scrap with the government over whether the deal puts a stop to future cases.

With bated breath class action litigators and funders have waited for this day, when the Full Federal Court decides the question of power to make common fund orders at settlement. They aren't the final arbiters, but the judges' ruling may be no less important for that.

The Australian Securities and Investments Commission is seeking to restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 10,000 customers.

A decision by federal environment minister Tanya Pibersek to greenlight the extension of two mega coal mines in NSW was “legally open” to her, a judge has ruled, despite acknowledging the “existential threat” of climate change. 

A nose job patient who allegedly defamed his surgeon has been hit with indemnity costs after refusing the surgeon’s “exceptionally generous” offer to settle.

Former SAS corporal Ben Roberts-Smith has been ordered pay $910,000 in security for costs as he appeals a defamation ruling that found he committed murder in Afghanistan and was not a reliable witness.