Judges

A judge has retroactively validated the appointment of BDO as auditor for litigation funder Omni Bridgeway after EY resigned due to a class action conflict, saying the failure to seek shareholder approval for the appointment was not the result of a blatant disregard for its obligations. 

Australians who sank $21.2 million into crypto firm NGS Crypto, including their retirement savings, may have been misled about the safety of their investments, according to an investigation by the Australian Securities and Investments Commission.

A class action against Transport for NSW over the alleged fraudulent acquisition of land to construct the $16 billion Westconnex tunnel in Sydney has been put on ice until the funder and the lead plaintiff can resolve a potential dispute. 

 Macquarie Bank has agreed to pay a $10 million fine in proceedings brought ASIC after the bank admitted that it failed to monitor third-party withdrawals, resulting in a financial adviser’s theft of $2.9 million.

The corporate regulator is appealing a judgment that tossed its landmark action against Austo & General Insurance, saying the judge erred in construing an unclear and disproportionate term in the insurer's house and contents policy.

A judge has shut down a case by Icon against Australia's nuclear agency over the $27 million construction of a waste treatment plant at Lucas Heights, saying the dispute should be determined by an arbitrator despite the parties waiving pre-arbitration steps.

A judge has signed off on a $16 million settlement in a class action against Dixon Advisory, but the funder of a competing case that was stayed after losing a beauty parade has earned a fragment of the $1 million it sought from the resolution sum.

After a seven-year legal battle, a court has upheld the validity of Neurim Pharmaceutical’s patent for insomnia drug Circadin and ruled two generic drug companies infringed the intellectual property.

Judges experience extreme levels of stress and secondary trauma, exacerbated by public comment that is often ignorant of what the job entails. The transparent approach taken by the judge presiding over the Bruce Lehrmann case may help pave the way to alleviating some of that stress, but more needs to be done, experts say.

The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”.