81-88 of 88 results
Class Action Insights
The recent settlement of the Great Southern class action raises a number of interesting and important issues not only because the court took the unusual step of publishing its reasons for judgment after the settlement had been announced ...
Babcock & Brown - a market disclosure claim decided
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 ...
Finality: an important objective of class actions
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 ...
More limits on lawyer-driven litigation
Following a decision earlier this year preventing a solicitor from acting in a class action in which the solicitor managed and controlled the representative plaintiff the Victorian Supreme Court has held that a solicitor and senior counsel should be prevented from acting in a class action in which ...
Court takes an expansive view of threshold requirement for class actions against multiple respondents
A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...
Class Action Insights
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 ...
The limits of lawyer-driven litigation
A recent VSC decision has examined the limits on entrepreneurship by securities class action lawyers ...
'Fraud on the market' theory survives challenge in the US
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 ...