Class Actions

Major win for shareholder class action as High Court rejects Worley appeal bid

Leaving in place a win in an epic shareholder class action that made two trips to the Full Federal Court, the High Court on Friday declined to hear engineering services firm Worley's special leave application in the decade-old case.

Energy & Natural Resources

Builder can’t allege Sibayne Stillwater has to reopen Mt Lyell mine

A unit of construction company Ian Harrington Group has lost its bid to add a new claim alleging that it has no obligation to rehabilitate a quarry at the shuttered Mt Lyell mine because Sibayne Stillwater’s Copper Mines of Tasmania will have to reopen.

Class Actions

Cultural fishing class action seeks aggravated damages after NSW’s ‘offensive’ claim

A class action over allegedly unfair prosecution of Indigenous groups for fishing is seeking to add a new claim for aggravated damages against the NSW government, saying that the state had raised an “offensive” allegation.

Class Actions

Live exports class action says quantification proposal won’t be ‘straitjacket’

A class action over the government’s 2011 live exports ban has denied that its proposed reference for determining damages issues, which will be overseen by a former NSW Chief Justice, will act as a "straitjacket".

Energy & Natural Resources

Clarke Energy’s $10M costs in spat with Alinta ‘misaligned’, judge says

A judge has said that she is “scandalised” by Clarke Energy’s $10 million legal bill in a dispute with Alinta Energy over the construction of a gas-fired power station.

Competition & Consumer Protection

IGA competes with Coles in its ‘sweet spot’, tribunal hears

An IGA store in WA's Kalgoorlie has rejected a claim by Coles that it provides no real competition, telling a tribunal shoppers are buying significant volumes of the supermarket giant's top items at the independent grocer. 

Class Actions

Judge rejects class action’s ‘absurd’ approach in Navy training case

A long-running class action by Royal Australian Navy technicians alleging the Department of Defence broke a promise to train them in engineering has lost its challenge to referees' methods for assessing group members' loss.

Real Estate

Accor wins strike-out in $2.2M dispute with Bunker Bay Resort owners

Accor Hotels has won its bid to strike out a case by the strata company for a building in Dunsborough, Western Australia that houses its Pullman Bunker Bay resort, with a registrar saying it failed to plead how it allegedly mistakenly paid $2.2 million in invoices over five years.

Class Actions

Law firm pursues TikTok, other platforms in competing class action

Shine Lawyers' proposed class action over social media addiction will go beyond the case brought by MinterEllison against Meta, targeting platforms including TikTok.

Employment

Shell defeats bid to access privileged Allens, Clayton Utz advice

Shell Energy has thwarted an application by an alleged whistleblower to see legal advice given by Allens, Clayton Utz and McCullough Robertson, with a judge rejecting claims that it was given in furtherance of a fraud or crime.

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