The close relationship between regulator action over corporate wrongdoing and private enforcement is an established and powerful means of recovering compensation for victims of corporate misconduct. Increased cooperation between regulators and litigants in class actions would remove a number of substantial barriers to private enforcement action, writes Slater and Gordon lawyer Caitlin Baker.
Liquidators of collapsed steel and mining company Arrium will challenge a ruling that gave shareholders the greenlight to question a former director to mount a possible class action, and have secured a limited stay of the judgment to lodge a notice of appeal.
Clive Palmer and associated companies have been accused of unconscionable conduct and “moral obloquy” in a new $37.4 million class action by timeshare members of the billionaire’s now abandoned Palmer Coolum Resort.
A judge on Tuesday questioned how elderly group members struggling with the digital age can register in a ‘junk’ insurance class action against National Australia Bank, amid the postponement of hearing to approve the $49.5 million settlement reached in the case.
A judge has rejected a proposal to jointly hear argument for approval of settlements in two class actions against milk supplier Murray Goulburn, saying the issues in one case — led by the legal team under scrutiny for alleged professional misconduct in a separate class action — could be more complicated.
The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.
APRA’s chairman has told Parliament that the regulator is “actively considering” what action it should take against Westpac in light of recent allegations by AUSTRAC that the bank breached anti-money laundering laws on 23 million occasions.
Funder IMF Bentham expects to bring in up to $130 million in income for backing the Queensland floods class action, after a judge ruled last week that the operator of two dams as well as the state government were responsible for the severity of the flooding that hit Southeast Queensland in 2011.
The liquidators of Atlas Construction have won access to advice supplied by law firm Ashurst as they pursue examination proceedings against two of the company’s former directors.
Woolworths is facing a class action alleging it underpaid workers to the tune of $620 million, more than double what the supermarket giant estimated when it disclosed the underpayments scandal last month.
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