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Investor class action can’t see Virgin’s advice from Herbert Smith Freehills
Class Actions 2024-07-23 11:40 pm By Cindy Cameronne

A judge has rejected arguments that Virgin Australia waived legal professional privilege over advice from Herbert Smith Freehills by claiming in a class action defence that it had a reasonable belief that statements in a prospectus for a $324 million capital raising were not misleading.

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‘Contrary to commercial reality’: Google takes aim at Epic Games’ competition case
Trials 2024-07-02 11:47 pm By Sam Matthews

Google has slammed Fortnite game maker Epic Games’ landmark competition case against it as “contrary to commercial reality”, saying its competition with rival tech giant Apple means it is no monopolist.

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Apple decries Epic Games’ attempted ‘freeriding’ in competition case over lucrative app stores
Trials 2024-06-28 11:48 pm By Sam Matthews

In a landmark competition case, Apple has told the Federal Court that Epic Games and other developers should not be allowed to “freeride” on the resources and user base the tech giant has “spent many billions” to develop. 

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Google attacked for ‘untruthful evidence’, failure to call top execs in Epic Games trial
Trials 2024-06-25 11:55 pm By Sam Matthews

Epic Games has taken aim at Google for the “untruthful evidence” of its witnesses in the game maker’s competition case against the tech giant, as well as its failure to call senior executives to the stand to defend itself. 

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No docs, no Tim Cook: Epic Games assails Apple’s ‘contrived’ defence in trial’s closing arguments
Trials 2024-06-24 11:11 pm By Sam Matthews

Video game maker Epic Games has attacked as “entirely contrived” the defence by Apple in closing submissions in a Federal Court trial of its landmark competition case, pointing to the tech giant’s lack of evidence, including from CEO Tim Cook.

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Lendlease says ex-Greenwoods partner made contact after alleged dismissal for tax dodge complaints
Matthew Darke 2024-06-11 3:52 pm By Cindy Cameronne

Lendlease has hit back at a lawsuit by a former Greenwoods & Freehills partner who alleged he was sacked for complaining about the company’s “aggressive taxation position”, claiming the partner reached out after he left the firm welcoming the chance to work with the company again.

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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

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. 

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

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AMP class action judge says court should be ‘cautious’ in class closure fights
Article 2024-04-26 11:24 pm By Sam Matthews

AMP has lost its bid for soft class closure in a class action over allegedly excessive superannuation fees, with a judge finding the court should exercise “real caution” when class closure is opposed by the applicant. 

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AMP class action members deserve to know why discontinued claims fell short, judge says 
Class Actions 2024-04-09 11:29 pm By Sam Matthews

A judge has refused to redact a judgment signing off on the discontinuance of several product claims in a class action against three AMP subsidiaries after the applicant failed to gather the required evidence, saying it was not enough that the reasons “may be an embarrassment to people who commenced the proceeding”. 

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