The High Court has found in favour of the ACCC in an important proceeding raising fundamental issues concerning the scope of the systemic unconscionable conduct prohibition and the principles...
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...
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.
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...
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...
‘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...
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...
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.
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.
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...
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...
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.
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.