A judge has expressed skepticism at claims by accounting firm Pitcher Partners that the lead applicant of a now dropped class action over its auditing advice to Slater & Gordon should be hit with indemnity costs for discontinuing the case.
Johnson Winter & Slattery persisted with a shareholder class action over auditing advice given to Slater & Gordon despite concerns about the strength of the claims raised in late 2017, Pitcher Partners has told the Federal Court as it seeks indemnity costs for the now abandoned proceeding.
The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.
Dropping a class action against accounting firm Pitcher Partners over Slater & Gordon’s disastrous acquisition of UK professional services firm Quindell will leave group members no worse off than they were when the proceeding first commenced, the Federal Court has heard.
The lawyers behind two class actions against clothing retailer Surfstitch breached their duties to act in the best interests of shareholders, and their conduct should bar them from pocketing more than $6 million claimed in costs and commission in the protracted litigation, a court has heard.
The consumer watchdog has filed court proceedings against Fuji Xerox alleging the Japanese print giant’s standard form contracts with small businesses contain a bevvy of unfair contract terms that could cause them harm.
A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.
Making good on its promise to crack down on anti-competitive conduct in the commercial construction sector, the ACCC has initiated proceedings against NQ Cranes alleging the crane company entered an agreement with a competitor to divvy up the market for overhead crane parts and servicing in Brisbane and Newcastle.
The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.
AMP has settled legal proceedings brought by a former general counsel who claims she was sacked from the wealth management firm after raising concerns about its fees for no services conduct.