John Sheahan

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.

A court has heard that casino giants Crown and Star are likely to reach agreement with AUSTRAC as to liability in proceedings alleging “widespread and serious non-compliance” with anti-money and counter terrorism laundering laws.

Uber has won a strike-out bid in a lawsuit by drivers challenging their classification as independent contractors, with a judge finding the pleading was “self-evidently, uncommonly and irretrievably deficient.”

Queensland government-owned water services provider Sunwater has lost a bid to overturn a judgment letting insurer Liberty Mutual Insurance off the hook for its share of a $440 million settlement in the Queensland floods class action.

In a boost to shareholder class actions, the High Court has dismissed an application by engineering services firm Worley to appeal a finding that companies should disclose to the market forecasts that ought reasonably to have been held.

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

Mastercard had a legitimate and pro-competitive reason for reaching agreements with major retailers to choose its network over Eftpos for debit card processing, a court was told Wednesday in the competition regulator’s misuse of market power case against the financial services behemoth.

The ACCC has taken Mastercard to court for allegedly misusing its market power by giving major retailers discounted interchange rates in exchange for them agreeing to process their debit card transactions through Mastercard instead of the cheaper eftpos network.

Engineering company Worley is challenging an appeals court ruling that allowed a shareholder class action against it to continue, arguing the Full Court’s finding that opinions which “ought reasonably to have been held” should be disclosed to shareholders would lead to “absurd consequences”.