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BHP class action to take fresh look at pleadings after failure of CBA cases
Class Actions 2024-07-18 1:28 pm By Cindy Cameronne

A shareholder class action against BHP has sought more time to finalise its pleadings ahead of trial, after a judge threw out two class actions against the Commonwealth Bank that also alleged continuous disclosure breaches.

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Judge recuses himself from Sunshine Loans penalty hearing, calls for new court protocol
Legal Ethics 2024-07-18 11:15 pm By Sam Matthews

The judge who presided over ASIC’s successful case against payday lender Sunshine Loans has recused himself from deciding on penalty in the matter, saying a new court protocol might be needed for when a judge makes an adverse credit finding during the liability phase of a case.

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AFL merch maker wins trade mark suit against US company Fanatics
Intellectual Property 2024-07-18 10:02 pm By Sam Matthews

AFL merchandise maker FanFirm has won a trade mark case against US sports merchandise giant Fanatics, with a judge finding it knew about the Australian company’s ‘Fanatics’ trade marks when it chose its corporate name.

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Grays hit with $10M penalty for misleading cars listings
Competition & Consumer Protection 2024-07-18 11:48 pm By Cindy Cameronne

Online auction site Grays has been ordered to pay $10 million in penalties after it admitted to making misleading statements in the descriptions of at least 750 cars listed for sale on its website. 

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Judge rejects law firm’s updated bid in Hyundai, Kia class actions
Class Actions 2024-07-17 11:50 pm By Sam Matthews

A judge has rejected a law firm’s attempt to update its bid to run class actions against Hyundai and Kia, saying the changes were intended to net the firm a competitive advantage in an upcoming fight for carriage of the class actions and different in substance from its previous position.

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Judge gives law firm tough time over extra costs to distribute BSA class action settlement
Employment 2024-07-17 11:34 pm By Christine Caulfield

A law firm has secured more funds to cover the cost of distributing a $20 million settlement reached in a class action against telco contractor BSA, but not as much as it wanted, with a judge saying the firm would have been stuck with its initial estimate if the administration gig had been put out to tender.

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Opal Tower builder Icon, Liberty Mutual spar over class action legal bill
Insurance 2024-07-17 10:59 pm By Cindy Cameronne

The builder of Sydney’s troubled Opal Tower has brought a claim for indemnity against insurer Liberty Mutual, which has already agreed to pay out $22.5 million, claiming it is owed a total of $12.5 million for its costs in defending a class action by residents. 

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Clive Palmer files bid for default judgment against ex-ASIC chair James Shipton
ASIC 2024-07-17 11:08 pm By Cindy Cameronne

Clive Palmer has filed an application for default judgment against the former chair of the Australian Securities and Investments Commission, James Shipton, in his proceedings alleging he acted in bad faith and beyond his power in the regulator’s pursuit of claims.

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‘We’re not King & Wood Mallesons’ excuse doesn’t wash in bid to revive $400M suit
Construction 2024-07-16 2:36 pm By Cindy Cameronne

A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

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Aristocrat says class action applicant should have deleted gambling app
Class Actions 2024-07-16 11:26 pm By Sam Matthews

Aristocrat Leisure has hit back at a class action over its allegedly illegal ‘social casino’ apps, saying that playing is optional and that the lead applicant should have deleted the games.

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