ARTICLE · 14 NOVEMBER 2019

First Securities Class Action Judgment In Australia

Herbert Smith Freehills Kramer LLP

Explore more from Herbert Smith Freehills Kramer LLP

The Australian Federal Court has recently handed down judgment in the first securities class action in Australia to reach trial

AustraliaLitigation, Mediation & Arbitration

Herbert Smith Freehills

The Australian Federal Court has recently handed down judgment in the first securities class action in Australia to reach trial: TPT Patrol Pty Ltd as trustee for Amies Superannuation Fund v Myer Holdings Limited [2019] FCA 1747.

The decision is likely to be of interest from a UK securities litigation perspective. A briefing paper setting out the observations and insights of our Australian colleagues is now available to download: Myer Shareholder Class Action: Briefing Paper (October 2019).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Elements Of Defamation In Queensland

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Australian Employers Brace For Arbitration As IR Reforms Make Bargaining More Complex, Resource Heavy And Less Productive: HSF Kramer Survey

AustraliaLitigation, Mediation & Arbitration

Herbert Smith Freehills Kramer LLP

Neurological Injury - When Sleep Still Does Not Count

AustraliaLitigation, Mediation & Arbitration

Bartier Perry Solicitors

The Harman Undertaking In Queensland

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Industrial Deafness Claims - Key Evidence Lessons

AustraliaLitigation, Mediation & Arbitration

Bartier Perry Solicitors

Read more about

Litigation, Mediation & Arbitration
- Trials & Appeals & Compensation
- Class Actions

Related Comparative Guides

Comparative Guide

Class Actions

Comparative Guide

International Arbitration

Comparative Guide

Litigation

See more popular content from

Litigation, Mediation & Arbitration

At The Point Of Agreement: Validity Of Prior Settlements Where Capacity Is In Issue

The plaintiff sought to invalidate a settlement agreement and deed of settlement concerning allegations of sexual abuse, arguing he lacked capacity due to alcohol use disorder. The Court found the plaintiff was a 'person under disability' when instructing his solicitors on 16 July 2019 but not when signing the deed on 5 August 2019, ultimately ruling that the deed was enforceable.

AustraliaLitigation, Mediation & Arbitration

Elements Of Defamation In Queensland

In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Australian Employers Brace For Arbitration As IR Reforms Make Bargaining More Complex, Resource Heavy And Less Productive: HSF Kramer Survey

Australian employers could be heading towards more enterprise bargaining arbitration as organisations feel the aftershocks of the Australian Government’s industrial relations reforms (IR reforms)...

AustraliaLitigation, Mediation & Arbitration

Herbert Smith Freehills Kramer LLP

Neurological Injury - When Sleep Still Does Not Count

Recent Personal Injury Commission decisions have established a consistent framework for assessing sleep disorder claims in workers compensation matters, clarifying when insomnia and sleep disturbances qualify as independently assessable neurological impairments. This analysis examines the evolving jurisprudence and its practical implications for insurers defending permanent impairment claims.

AustraliaLitigation, Mediation & Arbitration

Bartier Perry Solicitors

The Harman Undertaking In Queensland

The Harman undertaking, more accurately termed the implied obligation in Australia, automatically restricts how documents and information obtained through compulsory court processes may be used beyond their original proceeding. This obligation binds parties, solicitors, experts, and others who receive such material, covering disclosed documents, interrogatory answers, subpoenaed materials, affidavits and witness statements.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Industrial Deafness Claims - Key Evidence Lessons

In workers' compensation claims for hearing loss, establishing the 'last noisy employer' requires more than simply proving machinery was present in the workplace. A recent NSW Personal Injury Commission decision examines what evidence is sufficient to demonstrate that employment created a real risk of hearing loss, and when a worker's recollection may be too unreliable to discharge the burden of proof.

AustraliaLitigation, Mediation & Arbitration

Bartier Perry Solicitors

Legal Professional Privilege In Queensland

Legal professional privilege shields confidential communications made for obtaining legal advice or litigation purposes, but Queensland's civil procedure rules impose strict disclosure requirements and affidavit obligations when privilege claims are challenged. Expert reports and drafts face particular scrutiny, as they may not qualify for privilege protection under the rules.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Draft And File A Statement Of Claim In Queensland

Learn the essential steps for drafting and filing a statement of claim in Queensland courts, from identifying the correct jurisdiction and parties through to proper service of documents. This guide breaks down the technical requirements for pleading material facts, particularising claims, and ensuring compliance with court rules and approved forms.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Lists Of Documents, Inspection And Copies

Queensland civil proceedings follow a structured disclosure process where parties must deliver lists of directly relevant documents within 28 days of pleadings closing, with copies provided upon request within 14 days. While privileged documents are listed, their contents remain withheld, and parties may require inspection of originals or arrange bulk production when standard delivery proves impractical due to volume or document characteristics.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Further Disclosure And Non-Disclosure In Queensland

Rules 223, 224 and 225 of Queensland's Uniform Civil Procedure Rules give courts significant control over disclosure in civil litigation. When does the ordinary disclosure process require judicial intervention? What evidence must parties provide when documents are missing, and what are the consequences of failing to disclose documents that should have been produced?

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal