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The Full Federal Court has thrown out a decision that found foreign passengers could join a class action against cruise operator Carnival PLC over the 2020 COVID-19 outbreak aboard the Ruby Princess, finding a class action waiver was not unfair.
A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.
Chief Justice Susan Kiefel has decried the low number of women barristers appearing in the High Court, questioning whether there is a “price” to pay for state and federal policies focused on appointing more female judges.
The operator of Perth Airport has sued government-owned Airservices Australia for allegedly contaminating the airport’s groundwater, which flows into the Swan River, through the use of toxic firefighting foam.
Engineering services firm G&S has lost a bid to shield emails about “the need to obtain legal advice” in a $270 million dispute with the operator of a NSW open-cut coal mine.
An appeals court has found that two former executives of collapsed electronics retailer Dick Smith should pay the company’s receivers $11.8 million in damages for approving a dividend payment the company could not afford.
The former owner of fitness franchise Zap Fitness has sued accounting firm Pitcher Partners, claiming it failed to properly advise on a troubled share buy-back scheme that spawned litigation the company paid $4.25 million to settle.
A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an “unfavourable” impression of director Vince Tesoriero's reliability as a witness.
A judge has raised concerns that AMP Financial Planning has not compensated customers for allegedly failing to prevent life insurance churning, directing the firm to explain the “vanishingly small” number of people who have been remediated.
A judge who has granted a lawyer leave to appear in proceedings via audio visual link has warned the legal profession that courts are expecting to “return to normal” and that tolerance for remote hearings has “come to an end”.