Insights

Vanguard pinged for greenwashing

In proceedings brought in the Federal Court of Australia, ASIC has successfully established that one of the world’s largest investment managers contravened the ASIC Act when it made a series of...

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ASIC files another greenwashing case, this time against Active Super trustee

Further to our recent insight on ASIC’s greenwashing case against Vanguard Investments, ASIC’s strategic focus on greenwashing conduct in the funds sector continues.

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ASIC files greenwashing case against Vanguard Investments

ASIC’s strategic focus on greenwashing conduct in the funds sector continued this week, with the regulator commencing Federal Court proceedings against one of the world’s biggest investment...

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The Class Actions Law Review - Seventh Edition

Partners Robert Johnston, Felicity Karageorge, Rena Solomonidis, Special Counsel Nicholas Briggs and Senior Associate Sara Gaertner have written the Australian chapter in The Law Reviews 7th...

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Contracting out of class actions? Federal Court says no in an Australian first

‘Class action waiver’ clauses are clauses under which a party waives their right to participate in a class action. Sometimes found in consumer agreements (particularly in the United States) such...

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Can boards hide their sensitive side?

A sensitivity analysis can be a useful tool for assessing the likelihood of meeting earnings forecasts. But are public companies bound to disclose that analysis to the market? The Full Court of the...

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The Class Actions Law Review

Partner Robert Johnston, Senior Associate Nicholas Briggs and Senior Associate Sara Gaertner have written the Australian chapter in The Law Reviews 5th edition of The Class Actions Law Review.

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Curtains on class closure orders

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.

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The Class Actions Law Review: Australia

Guidance on Australia’s class actions, including insights on some of the latest developments related to common fund orders, market-based causation, competing class actions, litigation funding and...

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Recent Australian class action highlights

With a 25-year-old class action regime that is well established for all types of matters (consumer, competition and shareholder claims) and which does not face the significant interlocutory...

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Class Action Update - Shifting Sands: Orders for defendants to produce insurance policies

We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs.

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Lack of likely recovery leads to refusal of leave to proceed against company in liquidation

A recent decision by the Federal Court of Australia may be useful for liquidators faced with an application to commence or continue civil proceedings against a company in liquidation.

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