Cindy Cameronne

The NSW government is seeking to strike out class action claims for exemplary damages, arguing allegations that police conducted strip searches at music festivals as a matter of routine “lack specificity at every level”. 

The Port Authority of NSW has been sued by a sand importer for allegedly acting unconscionably when it terminated a lease agreement over a development at Glebe Island in Sydney. 

ASIC has argued a recent ruling that found Noumi waived privilege over a PwC report by providing it to the regulator could dissuade people from voluntarily disclosing information during investigations and cause a “loss of public benefit” if allowed to stand. 

McDonald’s has hit back at a class action over alleged unpaid work done by managers before and after shifts, saying it paid more than the minimum entitlements and is entitled to set off those payments against claims for compensation. 

Law firm Atanaskovic Hartnell has argued that its alleged failure to provide updated fee estimates while acting for a company associated with investor Nicholas Bolton did not mean he is immune from paying fair and reasonable legal fees assessed at $308,940. 

Drug giant Glaxo has succeeded in extending the term for a patent for a drug that treats chronic obstructive pulmonary disease and asthma, with a delegate rejecting arguments from law firm Banki Haddock Fiora that the application was incorrectly based on a patent that was no longer valid because of amendments.

Hearing arguments Tuesday on whether lawyers should be permitted to earn contingency fees in Federal Court class actions, judges on a Full Court bench appeared to lean in favour of allowing so-called solicitors’ common fund orders, rejecting claims they are “unjust”. 

Seven Network has partially succeeded in appealing a decision that revoked its rights to the ‘7NOW’ trade mark for non-use, with the Full Court finding the broadcaster used the mark on its news promotion website.

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons. 

The liquidators of collapsed engineering company Hastie Group have lost their bid to appeal a decision that knocked out half its $120 million case against Multiplex, Lendlease and numerous other builders.