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As proof of its popularity as a class action jurisdiction, the Supreme Court of Victoria will hear opening submissions in three class action trials on Monday, an unprecedented number in a single day for the court.
A shareholder class action against Arrium directors and auditor KPMG over the $4 billion collapse of the steel manufacturer is seeking to amend its case, saying a “misreading” of the original pleading is no basis to refuse the application.
Twenty-three barristers in NSW have joined the silk ranks, including a leading defamation lawyer who was on the Fairfax legal team that defeated accused war criminal Ben Roberts-Smith's defamation suit.
The corporate regulator should not be immune from the risk of special costs for actions doomed to fail, says a judge who flayed ASIC last month for bringing a case against TerraCom directors it should have known was a dud.
The judge in a class action against KPMG and ex-Arrium directors has made soft class closure orders, but chosen the longer period offered by the defendants, saying the risk of locking out unregistered members was no reason to pick an “unrealistically early” date to re-open the class.
A judge has said ASIC should have known that its case against four TerraCom directors over statements made to investors had no prospects of success, calling one of its submissions “unworthy of the corporations regulator”.
ASIC has told a court that a PwC report into allegations of inaccurate coal pricing found that 12 “inconsistent” invoices issued by TerraCom resulted in a $1.15 million benefit to the company, contrary to the company's claim that the audit found no wrongdoing.
Penalty proceedings in ASIC's case against coal producer TerraCom have been put on ice until the regulator’s suit against the company’s directors goes to trial.
Coal producer TerraCom has agreed to pay $7.5 million to resolve ASIC proceedings alleging it made misleading statement to the market that damaged a whistleblower's reputation.
A group costs order giving class action solicitors a percentage cut of the proceeds of a case is a factor in weighing whether proceedings should be transferred from Victoria to a state in which such an order could not operate, the High Court has ruled.