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In new class action defence, Scenic Tours says passengers can’t rely on it to control weather
Class Actions 2019-09-18 3:16 pm By Miklos Bolza

A class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways is still proceeding despite an impending High Court appeal, with the tour company now seeking to argue in an amended defence that class members could not reasonably rely on it to control water levels.

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Law firms offer to join forces in competing Lendlease class actions
Class Actions 2019-09-18 1:05 pm By Christine Caulfield

The plaintiffs firms running rival shareholder class actions against construction giant Lendlease have pitched a proposal to join their competing cases, a plan that should find favour with the judge overseeing the cases, who recently forced the consolidation of three duplicate class actions against failed engineering firm RCR Tomlinson.

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ABC keeps up fight for federal police docs behind search warrant
Article 2019-09-17 10:26 pm By Christine Caulfield

The ABC is challenging a court ruling last month that rejected its bid to access documents behind the Australian Federal Police’s warrant to search its headquarters and partially blocked an application to amend claims in its case over the legality of the raid.

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Otsuka ‘deliberately’ withheld information from court, Generic Health claims
Intellectual Property 2019-09-17 9:30 pm By Miklos Bolza

Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.

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High Court to hear wrongful death case over Queensland airplane crash
Appeals 2019-09-17 6:10 pm By Miklos Bolza

Two Australian companies have won their application for special leave to the High Court as they continue their fight to shut down a wrongful death case in the US brought by the families of 15 people killed in an aircraft crash near Lockhart River in northern Queensland in May 2005.

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Judgment looms for IOOF execs in APRA’s disqualification case
Financial Services 2019-09-17 11:53 am By Christine Caulfield

Five IOOF executives will learn their fate this week when a judge rules on a disqualification bid by the prudential regulator, the first judgment to be delivered by a court in a case filed in the wake of last year’s scandal-airing banking royal commission.

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‘That’s something that happens in Victoria’: NSW judge hesitant to reallocate VW class actions settlement approval
Class Actions 2019-09-16 10:22 pm By Amelia Birnie

The judge overseeing multiple class actions against Volkswagen over its dieselgate emissions scandal has said he will ā€œneed persuadingā€ before reallocating the settlement approval to a different judge, because ā€œthatā€™s something that happens in Victoriaā€.

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Bannister Law told to pipe down from ‘back of the bus’ in VW dieselgate class actions settlement
Class Actions 2019-09-16 10:15 pm By Amelia Birnie

Boutique class action firm Bannister Law has been told ā€œnot to make too much noiseā€ from its spot at ā€œthe back of the busā€ in the VW dieselgate class actions, after its legal team flagged its intention to try and expedite the $127.1 million settlement approval process.

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High Court asked to take up personal leave case after shift workers’ victory
Employment 2019-09-16 9:40 pm By Christine Caulfield

The Federal Government wants the High Court to weigh in on a landmark ruling last month that found food manufacturing giant Mondelez was short-changing its Tasmanian shift workers on their personal leave entitlements under the Fair Work Act.

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Court not convinced ‘superhuman’ judge needed for back-to-back GetSwift hearings
Securities 2019-09-16 5:01 pm By Miklos Bolza

A Federal Court judge has dismissed an application by GetSwift to delay the hearing of a shareholder class action against it, despite arguments that a judge would need to be “superhuman” to hear the trial immediately after a civil penalty hearing brought by ASIC against the logistics company.

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