We use cookies to customise content for your subscription and for analytics. If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
Australia - January 9 2013
The High Court of Australia has handed down its decision in the long running Fortescue Metals matter, overturning the Federal Court Decision in ASIC v…
Australia - September 11 2012
In the case of Ensham Resources Pty Ltd v AIOI Insurance Company Limited [2012] FCA 710 the Federal Court of Australia upheld an insurer’s claim of legal professional privilege over a loss adjuster’s reports irrespective of their being prepared several years before litigation was commenced.
Australia - June 8 2012
The full bench of the High Court of Australia yesterday overturned the NSW Court of Appeal Decisions in Morley v Australian Securities and Investments Commission (No 2) and Shafron v Australian Securities and Investments Commission (No2) holding that seven non-executive directors and the company secretary/general counsel of James Hardie Industries Ltd (JHIL) breached their duties as directors or officers of the company in relation to the release of a misleading announcement to the Australian Stock Exchange (ASX).
Australia - June 8 2012
On 15 March 2012, the Full Federal Court in De Bortoli Wines Pty Ltd v HIH Insurance Ltd (in liquidation) handed down its decision holding that actual reliance had to be shown by a shareholder in actions brought for misleading and deceptive conduct in contravention of s52 of the Trade Practices Act 1974 (Cth) (TPA) (which is now s18 of the Australian Consumer Law).
Australia - May 4 2012
The full bench of the High Court of Australia yesterday overturned the NSW Court of Appeal Decisions in Morley v Australian Securities and Investments Commission (No 2) and Shafron v Australian Securities and Investments Commission (No2) holding that seven non-executive directors and the company secretary/general counsel of James Hardie Industries Ltd (JHIL) breached their duties as directors or officers of the company in relation to the release of a misleading announcement to the Australian Stock Exchange (ASX).
