An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.
Maurice Blackburn has criticised a judge’s decision to award carriage of a massive shareholder class action against BHP over the fatal collapse of a dam at its Brazilian mine to “less experienced” firm Phi Finney McDonald, lodging what is now the second high-stakes challenge to a ruling permanently staying a competing class action.
Logistics startup GetSwift has confirmed it will fight an appeal to the High Court by law firm Squire Patton Boggs challenging a landmark ruling that permanently stayed two of three competing shareholder class actions against the company.
AIG Australia has appealed a decision that found it’s liable for covering four former directors being sued by collapsed Kaboko Mining after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.
Laws that cut in half the amount of money third parties can spend on election campaigns in NSW are invalid, the High Court of Australia ruled Tuesday, in a major win for unions and the Labor party ahead of the state election in March.
The Australian Taxation Office has successfully appealed an Administrative Appeals Tribunal decision in favour of BHP Billiton, leaving the mining giant with a hefty $82 million tax bill over its Singapore marketing hub.
Aviation services company Aerocare has lost its appeal of a Fair Work Commission decision that shot down an enterprise agreement forcing employees to work split shifts.
A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.
The Full Federal Court has expedited an appeal filed Christmas Eve by Sanofi-Aventis of a ruling that denied its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.
ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.