Introduction In Southernwood v Brambles, the Federal Court of Australia ordered the consolidation of two class action proceedings brought against Brambles on terms which include the two law firms and the two litigation funders to represent the consolidated class. This is a new and radical development which, if successful, may become the norm or at […]
Introduction Termite Resources NL v Meadows is another reminder for directors of their duties. Although the Federal Court held that the liquidators had failed to establish causation for broader losses arising from its decision not to have a greater cash reserve for operations, the court awarded lesser damages of $7m for the inadequate cash reserve. […]
Introduction In Perera v GetSwift, the Full court of the Federal Court considered the problem of three multiple corporate disclosure class actions brought against GetSwift Ltd on substantially the same issues. At first instance, Lee J ordered that the Perera and the McTaggart proceedings be permanently stayed as abuses of process and allowed the Webb […]
Introduction In UBS AG v Tyne, The High Court of Australia (by a 4-3 majority) held that a new proceeding commenced by a related party in the Federal Court on similar issues to those in previous proceedings in Singapore and the NSW Supreme Court should be permanently stayed as an abuse of process. Background The […]
2 February 2018 Case Note of Valve Corporation v Australian Competition and Consumer Commission
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