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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.
AFCA lacked impartiality in decision against IronFX, court rules
Online trading platform IronFX has won its action against the Australian Financial Complaints Authority over a finding it wrongfully caused an 83 year-old French resident to lose his life savings.
Worley shareholders win appeals court battle to revive class action
An appeals court has sided with shareholders in their challenge to a ruling tossing a class action against engineering services company Worley, which was found to have had reasonable grounds for issuing overly rosy earnings guidance eight years ago.
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.
Citing ‘leisure wear effect’, MySuper class action seeks in-person hearing
The parties in a class action accusing a Commonwealth Bank of Australia unit of breaching its superannuation trustee duties want the matter to be heard in person and are willing to foot the bill for the judge to travel to Sydney to make it happen.
Arrium lenders hit with extra costs after rejecting $10M settlement offers
A group of banks that failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse have been ordered to pay indemnity costs after a court found they rejected $10 million settlement offers three days into the trial.
Nimble Money beats back shareholder bid to peek at books
Payday lender Nimble has succeeded in blocking its largest shareholder from accessing company documents relating to an impending debt refinance, with a judge finding the company's financial woes were due to COVID-19 and not improper conduct by management.
Judge shoots down Colonial First State’s bid for warning in class action opt out notice
A judge has knocked back Colonial First State’s bid to warn around 100,000 group members that even if they opt out of a class action against the wealth management firm they might still be bound by the outcome of the case.
Judge appoints sample group members in $500M Uber class action
A judge has appointed seven sample group members in a class action by taxi and hire car drivers against Uber, saying they would provide additional information about the regulatory environment in different states and bring focus to the trial.
Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium's lenders, but the judge who tossed the claim along with the banks' cases expressed doubts about one of the law firm's key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.