The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity policy is entitled to indemnity from an insurer when it relied on income and liability warranties in a share sale agreement and those warranties were breached, a case that provides welcome guidance on the contractual interpretation of W&I policies, writes Justin McDonnell and Rebecca LeBherz of King & Wood Mallesons.
Litigation funder Augusta Ventures has brought its promised appeal of a groundbreaking ruling that put it on the hook for paying security for costs in an employment class action over the classification of casual mine workers.
The banks and executives at the centre of a landmark criminal cartel case can question four ACCC investigators and witnesses from JP Morgan at an upcoming committal hearing, with a magistrate saying Friday there were “substantial reasons in the interests of justice” to allow the cross-examination.
The administrators and liquidators of failed auction house Mossgreen have had their $646,000 in fees approved over the objections of creditors, with a judge saying they were entitled to the remuneration after recovering more than $2 million in assets.
A Federal Court judge has expressed concerns about whether group members in three class actions against the Commonwealth over allegedly toxic firefighting foam will be blocked from pursuing personal injury claims related to the chemical.
A scientist alleging she was fired from the CSIRO for filing sex discrimination and sexual harassment complaints has had the majority of her lawsuit against the government body dismissed, with the court finding she fabricated evidence and that an incident in which she was slapped on the backside with a riding crop by her supervisor and told to “get back to work” did not amount to sexual harassment.
A class action accusing Westpac of issuing unsuitable home loans is pushing forward with overhauled pleadings after the corporate watchdog lost a related regulatory action, and the class now says it was enough that the bank failed to account for borrowers’ so-called essential expenses.
A litigation funder is planning to challenge a landmark Federal Court ruling that found for the first time that funders can be ordered to pay security for costs in Fair Work class actions.
The funder backing a shareholder class action against Woolworths wants a 35 percent slice of any settlement or judgment in the $100 million case, according to its agreement with the applicants.
Federal Court Justice Michael Lee is set to go out in the field on a nationwide tour to personally inspect the military bases and surrounding properties at the heart of three class actions against the Commonwealth of Australia over land contamination from allegedly toxic firefighting foam.