Judges

A judge has hit ASX Limited with a $20.5 million penalty after it admitted that a February 2022 statement to the market that its CHESS replacement project was “progressing well” was misleading. 

ASIC may reconsider its approach to claims against non-executive directors after failing to prove that three NEDs of Rex had actual knowledge that the failed budget airline did not have a reasonable basis for a rosy profit forecast, experts told Lawyerly. 

A class action on behalf of public housing residents in the Northern Territory has lost its appeal of a judge's decision to split an upcoming trial. 

A judge has found that Heran Group unit York Property can't call on $6.4 million in bank guarantees after finding builder Tomkins has a strong prima facie case that a $17.5 million payment certificate issued under contract to build a 119-Gold Coast residential tower was not authorised.

A court has found that the relationship between the owner and the developer behind a residential subdivision project in Onkaparinga Heights has deteriorated to such a degree that orders requiring them not to abandon the partnership would be of no help. 

A judge has allowed a 50 per cent fee uplift for counsel in an epic fight over lucrative tenements in the Pilbara region, but says the hourly fees of solicitors from the likes of Allens, Clayton Utz and Corrs were already well above market rate.

Credit Suisse has dropped its claim for indemnity against insurance agent BCC under a trade credit policy issued prior to Greensill Capital’s collapse in 2021, with a judge hearing the admission marks a "complete u-turn in the case".

An application by the funder of a class action over the compulsory acquisition of land for Sydney's WestConnex project to replace the plaintiffs has been ajourned a third time by an increasingly frustrated judge.

Former Keybridge CEO Nicholas Bolton has faced questions about a $4.75 million bonus he was paid on a $17.8 million deal with fund manager Magellan, on the second day of trial in proceedings by WAM over two transactions its alleges were oppressive to shareholders.

ASX Limited has told a judge it did not intend to mislead shareholders when it told the market that its CHESS replacement project was “progressing well” and that a $20.5 million penalty was sufficient to achieve deterrence.