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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Class Actions 2019-11-01 3:30 pm By Cat Fredenburgh

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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Pirate fund files $6.3M lawsuit against stock exchange over suspension
Corporate 2019-10-31 11:30 pm By Cat Fredenburgh

An investment fund named after a 17th-century pirate has hit the National Stock Exchange with a $6.3 million lawsuit over a suspension decision it calls “capricious” and a violation of the NSX’s terms.

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Ten sued over report on man killed by silicone genital injections
Defamation 2019-10-31 9:43 pm By Miklos Bolza

Network Ten is being sued for defamation for a report that aired on hit TV show The Project investigating the death of an Australian man alleged to have been in a “master/servant relationship” revolving around extreme body manipulation and who died as a result of silicone genital injections.

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CSIRO scientist hit on backside with riding crop was not sexually harassed, judge says
Employment 2019-10-31 5:38 pm By Miklos Bolza

A scientist alleging she was fired from the CSIRO for filing sex discrimination and sexual harassment complaints has had the majority of her lawsuit against the government body dismissed, with the court finding she fabricated evidence and that an incident in which she was slapped on the backside with a riding crop by her supervisor and told to “get back to work” did not amount to sexual harassment.

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Training college Unique cops $4M penalty in ACCC case
Competition & Consumer Protection 2019-10-31 2:49 pm By Christine Caulfield

Unique International College has been slapped with a $4.165 million penalty after a court found the defunct vocational trainer engaged in unconscionable conduct in enrolling students in courses costing up to $22,000.

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Court may scrap expanded class definition in Ethicon pelvic mesh case as judgment looms
Class Actions 2019-10-30 10:52 pm By Miklos Bolza

An impending judgment in the long-running class action against Johnson & Johnson unit Ethicon over allegedly defective pelvic mesh implants has sent the parties scrambling about opt out notices and the Federal Court considering reversing prior orders that expanded the group definition.

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‘A point of high principle’: Funder argues it shouldn’t face costs for failed Airservices class action
Employment 2019-10-29 9:42 pm By Miklos Bolza

The litigation funder that backed a now dismissed class action against aviation service provider Airservices has argued funders should not face costs orders in Fair Work class actions, with a judge saying the debate raised “a point of high principle”.

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ACCC wants stay of Garuda appeal as airline refuses to pay $19M fine
Appeals 2019-10-29 8:59 pm By Miklos Bolza

The Australian Competition and Consumer Commission is seeking a stay of an appeal by PT Garuda Indonesia while the airline’s $19 million fine May for engaging in cartel conduct remains unpaid.

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Litigation funder throws off lawsuit seeking cut of $5M class action fee
Business of Law 2019-10-29 4:07 pm By Cat Fredenburgh

Lawfinance, formerly known as Just Kapital, has won summary dismissal of a lawsuit initiated by its founder seeking a piece of the funder’s $5 million cut of the $16.85 million Wickham securities class action settlement.

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Corrs Chambers Westgarth subpoena set aside in Rinehart family feud
Energy & Natural Resources 2019-10-28 9:37 pm By Cat Fredenburgh

A subpoena issued by the daughter of mining magnate Gina Rinehart seeking documents from Corrs Chambers Westgarth, the law firm representing her mother’s company, has been set aside by a judge, who found the material had no forensic purpose in the family’s long-running fight over a $5 billion trust.

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