The plaintiffs in an investor class action brought against the insurers of Dick Smith have lost an early bid to determine the viability of their claim, amid concerns that the total value of five separate cases against the failed retailer will exhaust the $300 million limit of two insurance policies.
The parties in two shareholder class actions brought against online fashion retailer Surfstitch will make one “last, final attempt” to resolve the proceedings in mediation after a proposed settlement was thwarted by a judge last year, a court heard Friday.
Group members in a recently settled class action against Westpac unit BankSA over its conduct in connection with convicted Ponzi schemer Michael Samra are expected to get 40 per cent of the confidential settlement, a result a judge said wasn’t as bad as he might have feared.
We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs. The emergence of these disclosure orders is an example of the flexible and pragmatic approach increasingly being adopted by the Federal Court in class actions, say Johnson Winter & Slattery’s Frances Dreyer and Nicholas Briggs.
Veritas Advisory liquidator David Iannuzzi has admitted to “quite significant deficiencies” in his conduct as a liquidator and agreed to a 10-year ban from serving as an insolvency practitioner.
Two former executives of Dick Smith may seek to vacate an upcoming trial date for two class actions against the failed retailer, after recently being hit with cross claims by the company’s former auditor, Deloitte.
Allianz and a number of other insurers of Dick Smith are now facing a class action over the extent of coverage under an insurance policy for the collapsed electronics retailer’s initial public offering.
Westpac unit BankSA has reached an agreement to settle a class action alleging it failed to detect the fraud of convicted Ponzi schemer Michael Samra.
The Australian Securities and Investments Commission is challenging the dismissal of its enforcement action against National Australia Bank contractor Whitebox Trading and sole director Johannes Boshoff, which accused them of market manipulation that resulted in a spike in the price of securities on the ASX-200 index in October 2012.
The funder backing the IAG add-on insurance class action has agreed to a fixed 25 per cent commission, after the plaintiff copped criticism from a judge for the largely redacted funding agreement which called for lower rates if the case settled by a certain date.