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Despite that, the applicant failed to prove loss on the basis of market-based causation and so-called “inflation” of the share price.
The case underscores the difficulty of running securities class actions based on a failure to correct earnings guidance, and the vagaries of actually proving loss.
This note will focus on the learnings for “front end” decisions on when disclosure should be made under ASX Listing Rule 3.1 and s674 and s677 of the Corporations Act.
 1 TPT Patrol Pty Ltd v Myer Holdings Limited  FCA 1747
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Johnson Winter & Slattery has advised the owner of leading Australian video game developer Tantalus Media, on the sale of an 85% interest in Tantalus to Keywords Studios for a total consideration...
“Auctions” or “beauty parades” are here to stay in class actions and so we will continue to see a race to file with multiple law firms and multiple funders vying for the ”prize” of being selected...
The Federal Court of Australia and the Supreme Court of New South Wales look to have brought the practice of pre-settlement class closures to an end, at least for the time being.