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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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‘Loose with the truth’ broker wins High Court challenge to ASIC ban
Appeals 2019-05-15 4:32 pm By Miklos Bolza

The High Court has upheld an appeal by a mortgage broker with a history of run-ins with the law, finding that the Administrative Appeals Tribunal could not take spent convictions into account when reviewing ASIC ban orders.

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High Court to hear challenge to common fund orders in class actions
Appeals 2019-05-15 12:19 pm By Christine Caulfield

The High Court has granted applications by Westpac and BMW to weigh in on the validity of common fund orders made in class actions, a decision that could have major ramifications for the way representative proceedings are funded.

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$6M class action settlement is one claim under insurance policy, Bank of Queensland says
Class Actions 2019-05-14 8:52 pm By Miklos Bolza

The Bank of Queensland has criticised a judgment which found the bank’s insurance policy left it on the hook for a $6 million settlement of a class action brought by investors in a multi-million dollar Ponzi scheme by jailed fraudster Bradley Sherwin.

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Trial in Fitch Ratings class action delayed a second time
Class Actions 2019-05-13 10:43 pm By Cat Fredenburgh

A battle over expert evidence in an invester class action against Fitch Ratings has delayed this month’s scheduled trial in the case by three months and forced the court to send the parties’ experts into conclaves.

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High Court orders Rinehart family feud out of the spotlight
Arbitration 2019-05-08 3:45 pm By Cat Fredenburgh

The High Court has sided with Gina Rinehart in relation to a dispute with two of her children over billions of dollars in iron ore mining assets, saying the matter should be heard in arbitration.

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Deloitte grilled after claiming partners have no right to access files from litigation room
Appeals 2019-05-06 10:07 pm By Christine Caulfield

Lawyers for Deloitte were questioned by an appeals court Monday after arguing that the accounting giant’s partners had no access to the firm’s files, stored in a locked “litigation room”, and no power to hand them over to comply with discovery orders in a shareholder class action over the collapse of client Hastie Group.

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Westpac slams ASIC for ’19th century approach’ to home loans
Financial Services 2019-05-06 8:35 pm By Miklos Bolza

Banking giant Westpac has criticised the Australian Securities and Investments Commission’s old fashioned approach to home loan serviceability, saying its own complex system is more efficient and would “pass muster” in the face of the regulator’s allegations that it breached responsible lending laws.

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ASIC pares claims against Westpac on eve of trial
Financial Services 2019-05-03 11:45 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has narrowed its case against Westpac ahead of a high-stakes trial over the bank’s alleged violations of lending laws, striking claims that certain home loans were unsuitable for consumers.

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