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High Court says duty of care for economic loss can arise only if company assumes responsibility
Class Actions 2024-08-07 11:24 pm By Christine Caulfield

A class action has lost its appeal to the High Court in a case alleging Advanta Seeds owed damages to farmers for the economic loss resulting from its negligence in producing contaminated grain sorghum seed, with the justices clarifying that a duty of care may be established only if responsibility is assumed.

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Founding member of Banco Chambers appointed judge on NSW Court of Appeal
Courts 2024-08-07 11:21 pm By Cat Fredenburgh

A leading commercial barrister who was one the of the founding members of Banco Chambers has been appointed as a judge on the NSW Court of Appeal.

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High Court appeal seeks total knockout of common fund orders
Appeals 2024-08-05 11:16 pm By Sam Matthews

The High Court has been asked to overturn a Full Court decision finding lawyers can take a cut from a class action settlement under a solicitors’ common fund order and to finally settle the question of whether the court has the power to issue common fund orders at all.

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High Court to rule on force of disclaimer to shield manufacturers from economic loss claims
Class Actions 2024-08-05 11:59 pm By Christine Caulfield

The High Court is scheduled to hand down a judgment in a class action on Wednesday on the power of a product disclaimer to protect manufacturers from claims they owe a duty of care to protect purchasers from pure economic loss.

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Class action attacks ‘false’ logic of AG’s claim GCO a neutral factor in KPMG transfer bid
Class Actions 2024-07-30 11:17 pm By Sam Matthews

In submissions to the High Court, the applicant in a class action brought on behalf of Arrium shareholders against KMPG has attacked the Attorney-General’s argument that a contingency fee order is a neutral factor in assessing the accounting firm’s bid to move the case from Victoria. 

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High Court asked to weigh plea for Australians in Syrian refugee camp
Human Rights 2024-07-22 11:56 pm By Christine Caulfield

A human rights group is continuing its fight for the release of Australians held in a Syrian refugee camp, bringing its case for a writ of habeas corpus to the High Court.

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Insignia Financial unit fined $10.7M for alleged super breaches
Financial Services 2024-07-22 11:11 pm By Cat Fredenburgh

A unit of Insignia Financial, formerly IOOF, has paid $10.7 million in infringement notices for allegedly failing to put members’ default superannuation contributions into MySuper products.

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Law firm director sacked assistant in ChatGPT-written text message, FWC finds
AI 2024-07-17 9:36 pm By Sam Matthews

The director of a Perth law firm fired a legal assistant by a text message that was generated with ChatGPT, the Fair Work Commission has found.

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COVID-19 business interruption class actions ‘manufacturing a controversy’, says insurer
Class Actions 2024-07-12 11:04 pm By Cindy Cameronne

Four insurers have argued that class actions over alleged business interruption losses during the height of the COVID-19 pandemic should be de-classed, with one insurer saying group members cannot “go behind” a Full Court decision denying coverage for certain policyholders.

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Contingency fee ruling may face serious scrutiny in a High Court challenge, experts say
Analysis 2024-07-10 11:55 pm By Christine Caulfield

Although carefully reasoned, last week’s landmark judgment by the Full Federal Court finding power to grant contingency fees to class action solicitors has placed the question of statutory authority to award settlement common fund orders on more unsteady ground than before, experts say.

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