An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.
Deloitte is challenging a judge’s ruling that certain partners not be excused from an order to produce files of the accounting giant’s audit work for Hastie Group to shareholders in a class action over the construction company’s collapse, its latest move after a failed attempt to persuade the judge that a rogue partner had taken the only copies of the files and refused to give them back.
Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge’s ruling to choose the “less experienced” firm to lead a shareholder class action against BHP Billiton.
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.