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CBA didn’t have to alert investors to ‘toings and froings’ of AUSTRAC probe, judge says
Class Actions 2024-05-15 11:18 pm By Cindy Cameronne

A judge that tossed two shareholder class actions against the Commonwealth Bank of Australia has found the bank did not have to alert investors to the possibility of AUSTRAC proceedings, saying investors did not expect to be apprised of the “toings and froings” of regulatory investigations.

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High Court asked to resolve appellate court split on class closure
High Court 2024-05-15 11:22 pm By Cindy Cameronne

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

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‘Well outside the median range’: Judge questions GCO rate in FleetPartners class action
Class Actions 2024-05-15 10:57 pm By Sam Matthews

A judge has expressed concerns about the plaintiff’s proposed group costs order rate in a shareholder class action against fleet management company FleetPartners, saying the purpose of the GCO regime was to lower costs to group members.

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Barrister cops suspension after High Court condemns undisclosed relationship with judge
Legal Ethics 2024-05-15 11:03 pm By Christine Caulfield

A barrister who had a “close personal relationship” with a judge presiding over her case has been suspended and fined $10,000, after the High Court ruled their communications gave rise to the appearance of bias and justified recusal. 

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ANZ to face expanded claims in superannuation class action
Class Actions 2024-05-15 11:07 pm By Sam Matthews

A class action against ANZ and former subsidiary OnePath has been given the green light to “significantly expand” its case against the big four bank, over three years after the case was first filed.

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Activist groups to appeal order to hand up communications with EDO in Barossa gas case
Appeals 2024-05-15 11:43 pm By Andy Sidler

Activist organisations are seeking to challenge orders to hand up communications with the Environmental Defenders Office in its failed case against Santos over the $5.6 billion Barossa gas project, arguing there was no legitimate forensic purpose for the material sought. 

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Sky News appeals loss to Isentia in case of ‘wholesale copying’
Intellectual Property 2024-05-15 11:09 pm By Christine Caulfield

Sky News has taken its fight with Isentia to the Full Federal Court, after a judge found the the media monitor was not liable for copyright infringement despite the “wholesale copying” of content distributed to government clients.

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Optus denies ‘cloaking’ Deloitte report in privilege in data breach class action
Appeals 2024-05-14 10:38 pm By Cindy Cameronne

Optus has denied that it ‘cloaked’ the true dominant purpose of a Deloitte report into a major data breach in 2022, arguing on appeal that the report was privileged and that a class action should not have access to it. 

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ASIC investigating ANZ over role in government bond issuance
Investigation 2024-05-14 11:12 pm By Andy Sidler

The Australian Securities and Investments Commission is investigating ANZ’s dealings in its role as risk manager of 10-year government treasury bonds worth $14 billion. 

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Lehrmann inquiry chair faces corruption probe for leaking report to media
Legal Ethics 2024-05-14 2:41 pm By Cat Fredenburgh

A former judge who led an inquiry into the prosecution of Bruce Lehrmann is facing a corruption probe from the ACT Integrity Commission for leaking his report to the media.

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