Judges

The future of a competition class action against AGL Energy is in doubt after being abandoned by its funder, despite evading the energy supplier’s bid to dismiss the case.

With bated breath class action litigators and funders have waited for this day, when the Full Federal Court decides the question of power to make common fund orders at settlement. They aren’t the final arbiters, but the judges’ ruling may be no less important for that.

A decision by federal environment minister Tanya Pibersek to greenlight the extension of two mega coal mines in NSW was “legally open” to her, a judge has ruled, despite acknowledging the “existential threat” of climate change. 

A judge has approved the settlement of a class action brought on behalf of sovereign bondholders over the disclosure of climate change risks, despite a late scrap with the government over whether the deal puts a stop to future cases.

The Australian Securities and Investments Commission is seeking to restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 10,000 customers.

A nose job patient who allegedly defamed his surgeon has been hit with indemnity costs after refusing the surgeon’s “exceptionally generous” offer to settle.

NAB unit NULIS Nominees was not only allowed to charge superannuation fund members fees for adviser commissions, it was “obliged” to do so, a court has heard during a class action trial over alleged conflicted remuneration. 

Former SAS corporal Ben Roberts-Smith has been ordered pay $910,000 in security for costs as he appeals a defamation ruling that found he committed murder in Afghanistan and was not a reliable witness. 

Investment fund Benjamin Hornigold has sued two former directors and its investment manager John Bridgeman Limited over a decision to enter into $4 million in loans.

A class action against a director of defunct financial services firm Hodgson Faraday is headed to the High Court after seven years of litigation, with the director appealing findings that he was involved in misleading South Korean investors.