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Class action can grill Boral boss over email reference to EY’s dismal take on US biz
Trials 2024-09-10 3:13 pm By Christine Caulfield

Boral’s former CEO Michael Kane can be questioned at trial over a reference he made in an email to findings by EY about the building material group’s poor performing US windows business, despite claims that the findings were privileged.

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Repped by firm on winning streak, Boral takes shareholder class action to trial
Trials 2024-08-12 11:20 pm By Christine Caulfield

Buoyed by the recent trial success of CBA and other companies facing shareholder ire, building materials giant Boral is taking its chances at a hearing in a class action alleging disclosure breaches linked to its US windows business.

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Class closure split to be resolved by High Court
Class Actions 2024-08-08 11:38 pm By Christine Caulfield

The High Court has agreed to step in to resolve division among Australia’s courts on the question of power to make orders that exclude unregistered group members from class action settlements.

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BHP class action to take fresh look at pleadings after failure of CBA cases
Class Actions 2024-07-18 1:28 pm By Cindy Cameronne

A shareholder class action against BHP has sought more time to finalise its pleadings ahead of trial, after a judge threw out two class actions against the Commonwealth Bank that also alleged continuous disclosure breaches.

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Mired in interlocutory skirmishes, protracted BHP class action just got more entangled
Class Actions 2024-06-20 11:48 pm By Christine Caulfield

BHP wants to appeal a decision giving a class action the OK to fix what a judge accepted was an “inadvertent mistake” that resulted in a ruling — itself the subject of an appeal — which limited the group member definition.

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Class action against BHP can amend shareholder group after ‘inadvertent mistake’
Class Actions 2024-06-06 1:20 pm By Sam Matthews

The judge overseeing a six-year-old class action against BHP over the collapse of a Brazilian dam has allowed the applicant to retroactively amend the group definition, accepting that a pleading mistake was contrary to the intended class membership in the case.

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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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Not ‘plainly wrong’: NSW appeals court sticks to guns on class closure
Class Actions 2024-04-17 1:12 pm By Cindy Cameronne

The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”. 

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Boral shareholders can run ‘novel’ case on loss in disclosure class action
Class Actions 2024-02-01 5:26 pm By Cindy Cameronne

Construction giant Boral has lost its bid to block a class action from running a ‘novel’ argument that shareholders suffered loss because of natural fluctuations in share price, rather than as a direct result of alleged continuous disclosure breaches. 

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Judge signs off on 24% GCO in a2 Milk shareholder class action
Class Actions 2023-12-20 3:21 pm By Sam Matthews

A judge has approved a 24 per cent group costs order in a consolidated class action against a2 Milk, noting the complexity of the claims against the dairy giant and saying a GCO would align the class action lawyers’ interests with group members’.

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