Westpac has defeated a responsible lending case brought by the Australian Securities and Investments Commission in relation to almost 262,000 home loans, with the Federal Court finding the corporate regulator misinterpreted the operation of national lending laws.
Lawyerly’s inaugural class action report shows one plaintiffs firm dominating the field, running more than twice the active class actions as its nearest rivals. But a group of capable and ambitious firms are nipping at its heels.
Many commercial dispute resolution groups in Australia are getting a boost from class action defence work, as more parties get dragged into increasingly complex representative proceedings. But the Big Six firms are still the ones companies turn to the most when staring down a class action.
National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.
Eleven law firms reign supreme in the legal market for class actions in Australia, with ten or more class actions on their plates, and two firms are way ahead of the pack, according to Lawyerly’s inaugural ranking of the country’s top class action groups.
A judge has refused to join the insurer of collapsed Sydney builder Reed Constructions to insolvent trading proceedings brought by the company’s liquidators, after finding it was unreasonable to expect the insurance company to irrevocably confirm coverage.
ASIC has abandoned its market manipulation case against National Australia Bank contractor Whitebox Trading, just over a month after the financial regulator decided to appeal the Federal Court’s primary decision to throw out their case.
An appeal judge has stayed a $170,000 judgment against the head of a New South Wales law firm after he was found to have engaged in a “particularly sinister” campaign of sexual harassment against a former employee, despite concerns that some of his appeal grounds were “barely arguable”.
The plaintiffs in an investor class action brought against the insurers of Dick Smith have lost an early bid to determine the viability of their claim, amid concerns that the total value of five separate cases against the failed retailer will exhaust the $300 million limit of two insurance policies.
Jailed solicitor and fraudster Brody Clarke was not the mediocre, junior lawyer his boss at Sydney law firm Atanaskovic Hartnell made him out to be, a judge has said, but was considered a “young hot shot” who perpetrated a “catastrophic” $9 million fraud on media mogul Bruce Gordon in the scope of his employment.
For information on rights and reprints, contact subscriptions@lawyerly.com.au
