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Full Court ‘compelled’ to find class closure judgment ‘plainly wrong’
The Full Federal Court has found that a landmark NSW Court of Appeal decision barring group members from being notified of future class closure orders at settlement was "plainly wrong" and that the court has the power to make the orders.
Judge clarifies rights of responsible entities to recoup MIS costs
A Federal Court judgment has laid out when a responsible entity of a managed investment scheme will be indemnified for its operating costs and when it can recoup legal costs in defending lawsuits brought over trust property.
Judge to lawyers: I hate to break it to you, but I don’t want your emails
A judge overseeing a joint class action against Freedom Foods and Deloitte wants to break a bad habit among litigators of attaching to affidavits reams of correspondence between solicitors, and she has a message for legal practitioners -- the court is not interested in what lawyers say to each other.
Third Nuix class action means beauty parade may be unavoidable
Technology company Nuix has been hit with a third shareholder class action over its troubled $1.8 billion float on the ASX, setting up what is likely to be the first beauty parade in the Supreme Court of Victoria since the state allowed class action lawyers to seek a cut of any settlement or judgment.
Careers Australia liquidator can pursue overseas directors on evidence of insolvent trading
The liquidator of collapsed vocational education provider Careers Australia can serve its lawsuit on two of the company’s former directors now living overseas, after a judge found a prima facie case of insolvent trading and breaches of directors duties had been made out.
$28M settlement in Arnold Bloch Leibler class action to get court’s OK
A judge will approve a $28 million settlement resolving a class action against Arnold Bloch Leibler over advice the law firm gave to Slater & Gordon ahead of a disastrous acquisition. A 28 per cent commission for the case's funder will also get the court's nod.
Deloitte foreshadows new privilege battle in Hastie class action
Another fight over privilege may be on the cards in a shareholder class action over the collapse of the Hastie Group, with Deloitte flagging its partners may claim privilege over certain parts of the accounting giant's evidence.
ASIC drops most claims against Rio Tinto over $5.8B acquisition
The Australian Securities and Investments Commission has dropped all but one claim against Rio Tinto in a four-year-long case over disclosures related to its troubled $5.8 billion acquisition of a Mozambique coal mining business and abandoned all claims against the mining giant's former CEO and CFO.
Landmark class closure judgments ‘plainly wrong,’ appeals court told
Judgments shooting down a class closure order and nixing notice of a possible class closure order were "plainly wrong" and "infected" by faulty reasoning, the Full Federal Court has heard.
GetSwift says stock price drop didn’t prove ‘materiality’ of ASX statements
Logistics company GetSwift will argue on appeal that a judge who found the company took a "PR-driven approach" to ASX statements was wrong in his assessment of whether those statements contained material omissions.