The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...

Class action risk has become a major issue for boards senior management and general counsel A key question often asked in that context is whether the changing nature of the class actions landscape poses an increasing area of risk for Australian corporates ...

A recent VSC decision has examined the limits on entrepreneurship by securities class action lawyers ...

Perhaps the most important unanswered question in Australian class action law is how causation may be established in the context of a shareholder class action In the United States this issue has been addressed by the fraud on the market theory This week the US Supreme Court rejected a challenge to ...

A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...

In recent months the funding of class actions has been prominent in the legal press The issues canvassed have included the regulation of third party funders the case for and against lawyers charging contingency fees attempts by lawyers to establish third party funding vehicles the Productivity ...

In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...

The Federal Court has dismissed shareholders claims against Babcock Brown alleging failure to disclose market sensitive information The court made important findings on the scope of listed entities continuous disclosure obligations in the context of accounting irregularities and potential insolvency ...

The Australian Law Reform Commissions Inquiry into Class Actions and Third Party Litigation Funders provides an important and timely opportunity to reflect on the operation of our class actions regime We have made a detailed submission to the ALRCs Inquiry in which we advocated for a renewed focus ...

Class action risk continues to increase and is becoming more complex than ever before. Assessing this risk for your organisation is extraordinarily challenging and requires a broad-based perspective of the broader class actions landscape. ...