A shareholder class action against CIMIC Group will fight a strike out application it has slammed as an “opportunistic” late-stage move by the global engineering firm made only because the trial was previously vacated.
Ink cartridge reseller Calidad has been ordered to show evidence of its finances in support of its application to stay a Full Court judgment while it waits for the outcome of its special leave application to the High Court in a landmark patent infringement dispute with printer giant Seiko Epson.
The parties in two shareholder class actions brought against online fashion retailer Surfstitch will make one “last, final attempt” to resolve the proceedings in mediation after a proposed settlement was thwarted by a judge last year, a court heard Friday.
The plaintiffs in three competing RCR Tomlinson shareholder class actions have been told to “get their act together” by the judge who forcibly consolidated their proceedings, after the parties revealed they were as yet unable to agree on joint funding terms.
Indonesian airline Garuda has failed in its bid to stay a $19 million penalty for its role in a fuel surcharge cartel after telling the Federal Court it has debts of $480 million, with a judge saying he would be allowing the company to trade while insolvent if he granted the stay.
Australian logistics company Linfox has taken its $45 million fuel tax credit challenge to the Full Federal Court, arguing its trucks are being over-taxed on major toll roads across the country.
The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.
Construction giant Lendlease has filed its defence in one of two shareholder class actions filed against it, saying any losses investors allegedly suffered were wholly or partly due to their own failure to take reasonable care.
The Australian Competition and Consumer Commission has won its bid for a year’s worth of financial statements from Viagogo, after successfully arguing the online ticket reseller’s financial position was needed to determine an appropriate penalty for its violations of the Australian Consumer Law.
The Full Federal Court has dismissed two appeals by convicted land mogul Allen Caratti seeking to prevent liquidators of five of his companies from obtaining documents seized in two 2015 raids by the Australian Federal Police.