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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Ralan liquidators win OK to pursue sales agent, ATO in $18M litigation
Restructuring & Insolvency 2023-07-04 5:03 pm By Sam Matthews

The liquidators of construction giant Ralan have been given the go-ahead to pursue a former sales manager and his wife as well as the ATO with claims worth over $18 million, with a judge finding the collapsed company operated “a type of Ponzi scheme”.

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GetSwift boss still can’t be found, court hears in lawsuit brought by co-founder
Securities 2023-07-04 2:23 am By Sam Matthews

GetSwift director Joel Macdonald still has not been served almost a year after his former Melbourne Demons teammate James Strauss filed a $15 million lawsuit against him, with a judge adjourning yet another substituted service application.

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In class action defence, Optus says data breach victims not entitled to damages
Class Actions 2023-07-03 5:07 pm By Sam Matthews

Optus has denied class action claims that customers suffered loss and damages for its alleged negligence in relation to last year’s massive data breach and argues they are not entitled to compensation for distress, frustration or disappointment that does not amount to a recognised psychiatric illness.

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Lighthouse largely fails to keep evidence under wraps in $328M dispute with East Timor
Energy & Natural Resources 2023-07-03 10:22 pm By Sam Matthews

Oil company Lighthouse Corporation has lost its bid to force East Timor to jump through hoops to access a suite of documents in a $328 million dispute over a failed fuel supply agreement, but has succeeded in keeping the documents out of public hands amid fears by its director for his safety.

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JWS lures partner from Jones Day for disputes and insolvency team
Business of Law 2023-07-03 9:36 pm By Sam Matthews

Johnson Winter Slattery has nabbed a Jones Day partner to work coast to coast at its Brisbane and Perth offices, bolstering the ranks of its disputes and insolvency team.

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Judge wants more evidence for law firm’s 30% cut in IAG class action
Insurance 2023-06-30 3:40 pm By Sam Matthews

A judge overseeing a shareholder class action against Insurance Australia Group says more evidence is needed to back the applicant’s bid for an order giving lawyers 30 per cent of any recoveries.

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Misconduct exception doesn’t apply in Uber class action privilege fight
Class Actions 2023-06-30 11:52 am By Sam Matthews

In the latest skirmish over documents in two class actions, Uber has mostly won a bid to shield almost 150 documents on the grounds of privilege, with a judge finding the misconduct exception that has previously bedevilled the rideshare giant did not apply.

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Subpoenas need only seek relevant, not case-advancing, info: appeals court
Tax 2023-06-30 4:07 pm By Sam Matthews

A self-represented litigant locked in a legal battle with the ATO and Commonwealth Director of Public Prosecutions has won an appeal of a decision that set aside nine subpoenas she issued, including one to the Assistant Director of the CDPP, with the appeals court finding that the relevance of the evidence sought was enough to satisfy the application.

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Slater & Gordon faces court challenge to Allegro takeover by small biz
Slater & Gordon 2023-06-29 9:44 pm By Sam Matthews

A self-managed superannuation fund has taken Slater & Gordon to court to block the the acquisition of its shares in the firm as part of the plaintiff firm’s takeover by private equity firm Allegro Funds, saying the 55 cents per share price is not fair and reasonable.

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