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High Court won’t hear Fortescue challenge to native title ruling
Appeals 2020-05-29 9:53 pm By Cat Fredenburgh

The High Court has declined Fortescue Metals’ bid for special leave to appeal a ruling that granted native title to the Yinjibarndi people over a large section of land in the Pilbara region of Western Australia.

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Judge should have thrown out taxi driver class action, Uber tells appeals court
Class Actions 2020-05-28 9:52 pm By Alison Eveleigh

Uber has once again attempted to put the brakes on a landmark class action which alleges the ride-sharing giant engaged in a conspiracy to steal business from taxi and limousine drivers across four states, telling a court of appeal that the trial judge wrongly departed from prevailing laws.

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Maurice Blackburn loses appeal over bushfire class action tax bill
Appeals 2020-05-28 3:05 pm By Miklos Bolza

Maurice Blackburn has come up short in its challenge to a multimillion dollar tax bill for a record settlement payout in the Black Saturday bushfire class actions.

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Telstra not liable for worker’s 2.30am hip injury on work trip, court finds
Employment 2020-05-28 12:17 pm By Miklos Bolza

A court has dismissed a Telstra worker’s appeal seeking compensation for an injury sustained after a long night out during a work trip, finding that because the injury occurred at 2.30am it “lacked a connection” with her employment with the telecommunications company.

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Fuchs appeals ruling for Quaker over patents used at BHP mine
Intellectual Property 2020-05-27 11:07 am By Christine Caulfield

Fuchs Lubricants is contesting a finding that it infringed patents owned by Quaker Chemicals in supplying hydraulic fluid to a BHP Billiton-owned mine.

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Ex-McCabe Curwood lawyer ordered to pay legal bill after ‘incompetent’ appeal
Article 2020-05-26 4:29 pm By Miklos Bolza

A former solicitor with McCabe Curwood has lost his attempt to overturn an order that he pay $36,000 in costs to his former employer, after an appeals court found that his challenge was “incompetent”.

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‘Threat of a heavy sanction’: Shareholder slams opt-out notice in AMP class action
Appeals 2020-05-25 8:15 pm By Miklos Bolza

A proposed notice to eligible group members in Maurice Blackburn’s class action against AMP over its fees for no services scandal threatened to bar unregistered shareholders from any settlement stemming from mediation in the case, a threat barred by a recent ruling finding that courts have no power to close class actions to signed up group members, an appeals court has heard.

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Judge was wrong to find breach worker didn’t allege, court hears
Employment 2020-05-21 9:19 pm By Christine Caulfield

Heiko Constructions has won approval to appeal a ruling from Federal Circuit Court Judge Salvatore Vasta that found the company committed a breach of the Fair Work Act that was not pleaded by the former employee who brought the case.

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ACCC can’t stop Garuda appeal despite unpaid $19M penalty
Competition & Consumer Protection 2020-05-21 12:53 pm By Miklos Bolza

The ACCC has lost its bid to stay a cartel appeal by Indonesian airline PT Garuda, with a judge finding the competition watchdog had not shown the airline acted in contempt of court by failing to pay a $19 million fine.

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Full Court deals another blow to software patents in Rokt case
Intellectual Property 2020-05-21 11:29 am By Miklos Bolza

The Full Federal Court has rejected a patent application for a digital advertising system by e-commerce firm Rokt in a test case by IP Australia that comes as a blow to the patentability of computer software in Australia.

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