A judge has rejected arguments that Virgin Australia waived legal professional privilege over advice from Herbert Smith Freehills by claiming in a class action defence that it had a reasonable belief that statements in a prospectus for a $324 million capital raising were not misleading.
National Australia Bank has lost its bid to shield a case by a Melbourne gold bullion dealer after a judge said one of the bank’s arguments for suppression had “the air of a Kafka novel”.
An investor class action against Virgin Australia has mounted a new challenge to a contentious indemnity clause, which the airline claims entitles it to receive periodic payments for its legal costs in defending the claims.
The judge hearing a bondholders class action against Virgin Australia has deferred the resolution of the airline’s cross-claim seeking seeking periodic payments from the class action to cover its costs under a contentious indemnity clause.
The High Court has been asked to weigh in on the extent of advocate’s immunity in a dispute between a Sydney solicitor and his former clients, after an appeals court found he couldn’t be sued for negligence for failure to include a breach of contract claim in a building dispute.
A class action against Virgin Australia has become a lawyers’ feast, with seven new firms entering the ring after a dozen insurers were joined to the action alleging the airline failed to disclose its true financial position in a $324 million capital raising prospectus.
Insurer Vero is fighting a ruling that added it to a class action against cladding manufacturer Fairview Architectural over allegedly combustible cladding.
A judge has ruled insurer Vero can be added to a class action over allegedly combustible cladding, finding removal of the cladding could be considered “property damage” under the wording of an insurance contract with cladding manufacturer Fairview.
An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.
A judge has approved a settlement with former directors of collapsed advisory firm Linchpin Capital under which insurer RiverStone will pay $6.3 million, which will be used to fund the investor class action’s claims against AIG.