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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
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.
Judge won’t stall opt out notice in AMP class action
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.
BHP can bring fraud claims against Cherwell Creek Coal
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.
High Court awards businessman $27M over Securency ‘shabby fraud’
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.
ACCC takes Pacific National, Aurizon terminal deal challenge to High Court
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 immediate conflict of interest’: Appeals court tosses opt out notices in AMP class action
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.
‘Harsh and draconian’: Judge shoots down bid for class closure in combustible cladding action
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.
High Court won’t hear Fortescue challenge to native title ruling
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.
‘Threat of a heavy sanction’: Shareholder slams opt-out notice in AMP class action
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.
Kraft takes trade dress battle with Bega to High Court
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.