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Australian position on directors and officers’ duties and class actions

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • May 14 2012

Of even more interest to underwriters than some of the recent court decisions is the announcement that on 9 May shopping centre owner Centro and its former auditor PwC have agreed to a record $200 million settlement of a class action by shareholders

Do litigation funders need an AFS licence?

  • Norton Rose LLP
  • -
  • Australia
  • -
  • March 13 2012

The NSW Court of Appeal has delivered the most recent challenge to the Australian litigation funding industry, finding that a funding agreement was unenforceable on the basis that the litigation funder was dealing in a ‘financial product’ without an Australian Financial Services licence

PI claim(s) by a financial planner, aggregation, broker’s negligence and loss of a chance in one

  • King & Wood Mallesons
  • -
  • Australia
  • -
  • June 27 2011

Prosperity Advisers Ltd v Secure Enterprises Pty Ltd TAs Strathearn Insurance Brokers Pty Ltd 2011 NSWSC 35 illustrates aggregation issues in a professional indemnity claim by a financial planner, and how the relevant facts and precise words of the policy are always determinative of whether claims may be aggregated so a single deductible (rather than multiple deductibles) applies

ASIC fails to build case against Fortescue CEO

  • Norton Rose LLP
  • -
  • Australia
  • -
  • July 29 2010

The corporate regulator's recent track record in relation to the prosecution of directors continued on 23 December 2009 when Justice Gilmour of the Federal Court handed down judgment in Australian Securities & Investments Commission v Fortescue Metals Group Ltd

The James Hardie decision

  • Norton Rose LLP
  • -
  • Australia
  • -
  • August 31 2009

The Australian Securities & Investments Commission (ASIC) commenced civil proceedings in the Supreme Court of NSW against James Hardie Industries Limited (JHIL), James Hardie Industries NV (JHINV), seven former non-executive directors and three former executives of JHIL for breaches of the Corporations Act 2001 (Cth) (Act) in relation to the preparation and approval of public statements