The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.
Dropping a class action against accounting firm Pitcher Partners over Slater & Gordon’s disastrous acquisition of UK professional services firm Quindell will leave group members no worse off than they were when the proceeding first commenced, the Federal Court has heard.
The lawyers behind two class actions against clothing retailer Surfstitch breached their duties to act in the best interests of shareholders, and their conduct should bar them from pocketing more than $6 million claimed in costs and commission in the protracted litigation, a court has heard.
The consumer watchdog has filed court proceedings against Fuji Xerox alleging the Japanese print giant’s standard form contracts with small businesses contain a bevvy of unfair contract terms that could cause them harm.
A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.
Making good on its promise to crack down on anti-competitive conduct in the commercial construction sector, the ACCC has initiated proceedings against NQ Cranes alleging the crane company entered an agreement with a competitor to divvy up the market for overhead crane parts and servicing in Brisbane and Newcastle.
The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.
AMP has settled legal proceedings brought by a former general counsel who claims she was sacked from the wealth management firm after raising concerns about its fees for no services conduct.
Pitcher Partners says the lead applicant in a discontinued class action over its auditing of Slater and Gordon should cover the costs for cross-claims it brought against nine parties, including the law firm and several of its former directors.
Insurance Australia Group will fork over $138 million to settle a class action brought against two subsidiaries alleging they engaged in misleading and deceptive conduct by pushing worthless insurance on motor vehicle purchasers.