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Full Court finds Bellamy’s cost-capping appeal ‘not strong’, but denies indemnity costs
Class Actions 2019-10-07 4:53 pm By Miklos Bolza

A failed challenge by baby food maker Bellamy’s Australia to a decision rejecting its application to limit legal costs in two class actions was “not strong”, but was not so unreasonable as to put them on the hook for indemnity costs, the Full Federal Court has ruled.

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‘Fundamental misapprehensions’: Suncorp strikes back at class action over conflicted remuneration
Class Actions 2019-10-07 3:09 pm By Miklos Bolza

The Suncorp Group unit and directors at the centre of a class action over allegedly conflicted remuneration have slammed the case as “misconceived” and argue it was not validly commenced.

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After ASIC raises ire, judge sets down new rules for regulators in his court
ASIC 2019-10-04 10:46 pm By Christine Caulfield

ASIC and other government regulators bringing enforcement action in the docket of one Federal Court judge must abide by a strict new protocol to prevent a repeat of the corporate watchdog’s “wait and see” strategy in a case against ex-Murray Goulburn directors that came close, the judge said, to bringing the administration of justice into disrepute.

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ASIC’s belated case against ex-Murray Goulburn execs survives, but judge says never again
ASIC 2019-10-04 10:05 pm By Christine Caulfield

A judge has refused a bid by two former Murray Goulburn executives to throw out a disqualification case brought by the Australian Securities and Investments Commission, despite admonishing the corporate regulator for its delay in bringing the case and establishing a protocol for regulators filing cases in his docket.

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Dick Smith insurer class action plaintiffs want their own hearing
Class Actions 2019-10-04 7:37 pm By Amelia Birnie

The plaintiffs in an investor class action filed against Dick Smith’s insurers want a separate hearing from four other representative and company proceedings against the failed electronics retailer, arguing there would be only the ā€œthinnest basisā€ for concurrent proceedings if their strike out application was successful.

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Opal Tower class action defendants banned from contacting group members about settlement
Class Actions 2019-10-04 5:02 pm By Amelia Birnie

The defendants in the Sydney Opal Tower class action have been formally banned from contacting represented group members about their claims while the proceeding remains on foot, after communications were allegedly sent to apartment owners.

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‘Junk’ insurance class action to focus on whether NAB’s conduct was systemic
Class Actions 2019-10-04 4:41 pm By Miklos Bolza

The hearing for a class action against National Australia Bank over allegedly worthless credit card insurance will focus onĀ  whether the bank’s allegedly unconscionable behaviour in selling these policies was systemic or confined to individual cases.

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Nissan may face class action over Pathfinder transmission
Class Actions 2019-10-03 10:29 pm By Cat Fredenburgh

Japanese car maker Nissan is facing the threat of a class action in Australia over the continuously variable transmission in its Pathfinder sports utility vehicle, after recently settling five similar class actions in the US over the allegedly faulty transmissions.

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Facing Deloitte cross-claims, Dick Smith execs drag other directors into class action
Class Actions 2019-10-03 10:22 pm By Cat Fredenburgh

Former Dick Smith executives Nick Abboud and Michael Potts have pointed the finger at the defunct electronics retailer’s other directors in response to cross claims by auditor Deloitte, which is named in two shareholder class actions over the company’s collapse.

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NSW government points finger at developer in Opal Tower class action
Class Actions 2019-10-02 9:01 pm By Amelia Birnie

The NSW government’s Sydney Olympic Park Authority, which is facing a class action brought by owners of apartments at the troubled Opal Tower, has laid the blame on the developer, designer and builder behind the project.

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