Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.
A court has given the green light for opt out and registration notices to be sent to group members in a shareholder class action against AMP, despite objections by the lead plaintiff in a competing class action.
Mining giant BHP has been given the green light to bring allegations of fraud against competitor Cherwell Creek Coal in a long running dispute over mining rights.
The High Court has awarded $27 million in unpaid commissions to a Nigerian entrepreneur tricked into terminating his contract with international bank note manufacturer Securency, reversing a Full Court judgment which slashed his award.
The competition regulator wants the High Court to hear its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, saying the deal would entrench the rail freight carrier’s near monopoly on the east coast of Australia.
An appeals court has vacated orders sending opt out and registration notices to shareholders in a class action against AMP after a successful challenge by the lead plaintiff in a competing class action that was stayed after a high-profile litigation beauty parade last year.
A court has dismissed a “harsh and draconian” class closure order sought by German cladding manufacturer 3A Composites in a class action against it over allegedly combustible cladding.
The High Court has declined Fortescue Metals’ bid for special leave to appeal a ruling that granted native title to the Yinjibarndi people over a large section of land in the Pilbara region of Western Australia.
A proposed notice to eligible group members in Maurice Blackburn’s class action against AMP over its fees for no services scandal threatened to bar unregistered shareholders from any settlement stemming from mediation in the case, a threat barred by a recent ruling finding that courts have no power to close class actions to signed up group members, an appeals court has heard.
US food giant Kraft-Heinz wants the High Court to hear its intellectual property stoush with Bega after twice losing the battle over the right to use its peanut butter trade dress in Australia.