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Class action by sailors over broken Navy training contract revived on appeal
Appeals 2019-05-31 11:55 pm By Christine Caulfield

An appeals court has overturned a decision dismissing a class action on behalf of enlisted Navy sailors alleging the Commonwealth of Australian breached a contract to train them to earn engineering degrees.

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Maurice Blackburn gets second shot at pursuing class action against BHP
Appeals 2019-05-28 9:18 pm By Christine Caulfield

Maurice Blackburn has partly prevailed in an appeal of a judge’s decision to put the brakes on its shareholder class action against BHP while greenlighting a competing case brought by Phi Finney McDonald, with an appeals court ordering the rival law firms to negotiate a deal to consolidate their litigation.

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Appeals court in BHP class action battle questions superiority of no win, no fee model
Appeals 2019-05-27 11:45 pm By Christine Caulfield

Maurice Blackburn’s funding model rejected by a judge overseeing a beauty parade of class actions against BHP appeared structured to incentivise the firm to push up its legal fees, an appeals court said Monday on the first day of a high stakes hearing challenging a decision to shut down two of three competing cases against the mining giant.

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Banknote maker CCL Secure wins dramatic cut of $65M judgment in ‘shabby fraud’ case
Appeals 2019-05-24 10:35 pm By Miklos Bolza

An appeals court has slashed a damages judgment against international banknote manufacturer CCL Secure in a case alleging it tricked its Nigerian agent into signing away his commission, cutting the award from $65 million to $1.8 million.

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ACCC loses ‘spoke and hub’ laundry cartel case
Competition & Consumer Protection 2019-05-24 3:58 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short in its appeal of a ruling that found it had produced insufficient evidence of a laundry detergent cartel, in the first so-called hub and spoke case brought by the competition regulator.

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Crown Resorts challenges ruling allowing jailed employees to talk to class action lawyers
Class Actions 2019-05-24 2:25 pm By Cat Fredenburgh

Crown Resorts has appealed a ruling in a shareholder class action against it allowing 18 former employees, who were jailed as part of the Chinese government’s crackdown on gambling, to answer questions about its business in China.

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High Court declines funder’s appeal of $64M Banksia settlement approval
Appeals 2019-05-24 1:23 pm By Cat Fredenburgh

The High Court will not review an appeals court’s decision to approve a $64 million settlement in litigation over the failure of Banksia Securities while rejecting the funder’s commission and legal fees.

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High Court to clarify meaning of ‘officer’ under Corporations Act
Appeals 2019-05-21 2:46 pm By Cat Fredenburgh

The High Court has granted ASIC special leave to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, after ASIC argued the High Court should intervene to clarify the scope of the word “officer” under the Corporations Act.

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BHP wins bid for High Court intervention in $82M fight with tax office
Tax 2019-05-15 10:42 pm By Christine Caulfield

The High Court has agreed to take up an appeal by mining giant BHP Group Limited in its battle with the Australian Tax Office over an $82M tax bill.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Analysis 2019-05-15 9:58 pm By Christine Caulfield

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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