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Silk Norman O’Bryan called to take stand in Banksia class action
Class Actions 2020-11-20 1:20 pm By Christine Caulfield

Senior barrister Norman O’Bryan, who has conceded that he should be struck from the roll for his conduct in an alleged class action fee scandal, has been subpoenaed to give evidence for lawyer Alex Elliott, the son of O’Bryan’s co-conspirator.

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Subpoenas can’t be issued ‘willy nilly’ to dodge journalist privilege, judge says in Elaine Stead case
Defamation 2020-11-19 5:48 pm By Miklos Bolza

A judge has set aside a subpoena issued by venture capitalist Elaine Stead in her defamation lawsuit against Fairfax, saying subpoenas could not just be issued “willy nilly” to identify a journalist’s confidential sources.

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EnergyAustralia must pay $1.5M for disconnecting vulnerable customers
Energy & Natural Resources 2020-11-18 6:59 pm By Spencer Fowler Steen

EnergyAustralia will cough up $1.5 million in penalties for wrongfully disconnecting eight customers facing serious financial hardship.

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Santos lawsuit against Fluor over gas project rests on ‘shaky assumption’, appeals court says
Energy & Natural Resources 2020-11-18 4:11 pm By Miklos Bolza

An appeals court has shot down oil and gas giant Santos’ bid for expanded discovery against engineering company Fluor, finding that the application was “akin to a fishing expedition” that was based on “a shaky assumption” by lawyers from Corrs Chambers Westgarth.

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Ex-Linchpin Capital director can’t put disqualification challenge on ice
Financial Services 2020-11-16 3:01 pm By Cat Fredenburgh

A former director of defunct financial services company Linchpin Capital, who is facing a class action as well as civil penalty proceedings by ASIC, can’t put the brakes on his challenge to a five-year disqualification order by the regulator.

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Murray Goulburn’s former top execs banned from managing companies
Agriculture 2020-11-13 10:31 pm By Christine Caulfield

Murray Goulburn’s former managing director Gary Helou and chief financial officer Brad Hingle have been disqualified from heading up companies after they were found to have breached the Corporations Act for their role in the milk supplier’s repeated failure to disclose an expected material decrease in the milk supplier’s earnings guidance for 2016.

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ASIC calls for 3-year-ban against former Murray Goulburn boss Gary Helou
Agriculture 2020-11-12 1:34 pm By Christine Caulfield

The corporate regulator is pushing for a three-year director ban against former Murray Goulburn managing director Gary Helou and a two-year disqualification order against the dairy cooperative’s former chief financial officer over misleading representations about farmgate milk prices five years ago.

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Fuji Xerox can’t strike out EY, ex-director’s defences in case over $450M accounting scandal
Accounting 2020-11-09 2:49 pm By Cat Fredenburgh

A judge has denied Fuji Xerox’s attempt to strike out parts of the defences of Ernst & Young and a former Fuji director in a lawsuit over alleged massive accounting irregularities.

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Amicus to argue against CFO in $138M IAG class action settlement
Class Actions 2020-11-05 4:34 pm By Miklos Bolza

An amicus curiae will be appointed by the court to argue against a common fund order application by the funder backing a class action against two Insurance Australia Group subsidiaries, after the insurance giant agreed to a $138 million settlement last month.

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Judge won’t hold separate hearing on survival of claim against late Banksia cost consultant
Class Actions 2020-11-05 1:12 pm By Christine Caulfield

A judge overseeing the misconduct trial in the Banksia Securities class action has rejected a bid by a lawyer for the deceased cost consultant in the case to separately determine whether a cause of action survives his death.

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