The elephant in the room in all shareholder class actions was whether shareholders had to establish their own reliance on the contravening conduct, or could merely rely on that conduct’s effect on the market, akin to the US concept of “fraud on the market”. The NSW Supreme Court has taken a step closer towards Australia […]

Yesterday the High Court handed down its decision in CGU Insurance v Blakeley [2016] HCA 2, a case which considers a third party claimant’s right to join an insurer to Court proceedings against an insured for the purpose of challenging the insurer’s decision to decline cover to the insured. After reviewing conflicting authorities on the […]