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High Court greenlights NZ apartment block class action against Irish insurer
Appeals 2023-08-08 11:36 pm By Sam Matthews Melbourne

The High Court has dismissed a constitutional appeal by Irish insurer Zurich, clearing the way for a class action over an allegedly defective New Zealand apartment block to proceed in the NSW Supreme Court.

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Vero files appeal to get out of combustible cladding class action
Appeals 2023-08-08 11:18 pm By Cat Fredenburgh

Insurer Vero is fighting a ruling that added it to a class action against cladding manufacturer Fairview Architectural over allegedly combustible cladding. 

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Judge warns against blanket confidentiality claims in settlement approval applications
Alan Sullivan 2023-08-08 1:41 pm By Sam Matthews Melbourne

The judge asked to approve a settlement in a class action against retirement village provider Aveo has sent a shot across the bow to law firms seeking to make broad confidentiality claims over the settlement, saying such claims should be kept “to a minimum” in class actions.

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Tax Commissioner appeals Hannover Life win on tax credits
Appeals 2023-08-07 1:35 pm By Cat Fredenburgh

The Commissioner of Taxation has appealed a judgment that found reinsurer Hannover life should be allowed tax credits for GST paid on a share of its overheads, including rent and power.

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Deloitte’s $2.5M bill in CBA class action holds up settlement approval
CBA 2023-08-04 2:08 pm By Sam Matthews Melbourne

A judge asked to approve a $50 million settlement in a consumer credit insurance class action against the Commonwealth Bank has questioned a $2.5 million deduction for professional services firm Deloitte.

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ASIC takes Dixon Advisory director to court over $19M debt
ASIC 2023-08-04 12:15 pm By Cindy Cameronne Sydney

ASIC is seeking penalties against Dixon Advisory & Superannuation Services director Paul Ryan for allegedly failing to consider clients when executing a deed that affected the financial advice firm’s ability to recoup a $19 million debt from its holding company. 

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Crumbs! Kraft loses opposition to Mars patent for chocolate flavour
Ben Fitzpatrick 2023-08-03 11:13 pm By Cat Fredenburgh

An IP Australia delegate has shot down Kraft’s opposition to a Mars patent for a less costly method for producing the distinct creaminess and flavour of crumb chocolate.

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Lawyer’s notes of meeting with expert ordinarily privileged, appeals court finds
Appeals 2023-08-03 10:49 pm By Sam Matthews Melbourne

A solicitor’s notes of a meeting with an expert do not fall under an exception to legal professional privilege, an appeals court has found.

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ASIC hits eToro with first-ever design and distribution action over CFDs
ASIC 2023-08-03 11:35 am By Cindy Cameronne Sydney

The Australian Securities and Investments Commission has filed its first action alleging breach of obligations in designing and selling financial products, accusing online investment platform eToro of inappropriately exposing clients to high risk CFDs.

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Alec Leopold 2023-08-03 11:22 am By Cindy Cameronne Sydney

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.

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