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Judge OKs cutting edge argument in $900M class action against CBA
Financial Services 2024-11-28 4:52 pm By Cindy Cameronne

A judge has allowed a class action against CBA and its former wealth management arm Colonial First State to add claims based on a novel theory of corporate responsibility that has implications for companiesā€™ use of AI.

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BHP says shareholders canā€™t expand class action because of ā€˜drafting errorā€™
Class Actions 2024-11-08 11:12 pm By Cindy Cameronne

BHP has told an appeals court a shareholder class action should not be allowed to expand the group definition to correct an alleged drafting error.

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BHP class action gets 3 extra weeks for high-stakes trial
Class Actions 2024-10-30 11:03 pm By Sam Matthews

A shareholder class action against BHP over the 2015 Fundao dam collapse in Brazil has won a bid to add an extra three weeks to a six-week hearing to account for any evidentiary surprises.

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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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Firm’s ‘ridiculously low’ fee budget in Westpac class action drives down funder’s cut
Class Actions 2023-12-11 11:22 am By Christine Caulfield

A judge’s decision to chop $810,000 from the funder’s cut of a settled class action against Westpac sounds a warning to class action litigators that when it comes to determining the size of a commission, case budgets matter.

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Westpac class action settlement gets OK, but funder won’t recoup all ATE insurance
Financial Services 2023-11-13 11:33 pm By Christine Caulfield

A $29.95 million settlement resolving a superannuation class action against two Westpac units has won court approval. The judge overseeing the case has also indicated he will OK the litigation funder’s commission but only some of its after-the-event insurance premium.

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BHP says investors from secondary platforms can’t be in class action
Class Actions 2023-10-18 3:18 pm By Cindy Cameronne

BHP has argued that investors who bought shares through secondary platforms are excluded from a long-running shareholder class action over a failed Brazilian dam, a claim slammed as an “unduly narrow reading” of the case.

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Arrium lenders file High Court challenge over directorsā€™ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse.Ā 

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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