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ACCC dodges indemnity costs over failed detergent cartel appeal
Competition & Consumer Protection 2020-05-06 6:37 pm By Miklos Bolza

Personal healthcare giant PZ Cussons has lost its bid for indemnity costs against the ACCC, after claiming that the regulator was “doomed to fail” when it appealed a judgment dismissing its case over an alleged laundry detergent cartel.

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ACCC loses appeal over $205M Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2020-05-06 5:41 pm By Miklos Bolza

The ACCC has come up short in its appeal of a ruling that dismissed its challenge to Pacific National $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the Full Federal Court also releasing Pacific National from an undertaking given to the court.

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Judges’ schedules to be cleared as court expedites Johnson & Johnson pelvic mesh appeal
Appeals 2020-05-01 4:34 pm By Miklos Bolza

The top judge of the Federal Court plans to clear the schedules of three judges at the start of next year so they can hear and decide Johnson & Johnson’s challenge of a class action ruling that found its pelvic mesh devices were defective and awarded the lead applicants $2.6 million in damages.

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AMP class action should be put on ice until High Court ruling on beauty parade, court hears
Class Actions 2020-04-30 9:19 pm By Alison Eveleigh

Maurice Blackburn’s shareholder class action against AMP should be put on ice until the High Court decides whether a ruling in last year’s beauty parade awarding the firm carriage of the matter was decided in error, a court has heard.

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High Court takes up Westpac fight against ASIC personal advice case
Appeals 2020-04-27 4:54 pm By Miklos Bolza

The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers’ best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.

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Scenic Tours passengers can claim damages for disappointment, High Court rules
Class Actions 2020-04-24 11:14 pm By Christine Caulfield

Passengers on a European river cruise operated by Scenic Tours can claim damages for disappointment after they were forced to take buses for most of their luxury tour, the High Court has ruled.

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Landmark ruling nixing class closure orders likely to reach High Court
Analysis 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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High Court won’t hear appeal over ‘Diamond Joe’ Gutnick family’s $1 mining deal
Appeals 2020-04-22 2:45 pm By Cat Fredenburgh

The High Court will not hear a challenge to a ruling that found two companies previously run by Joseph “Diamond Joe” Gutnik and his family were insolvent.

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High Court may pick apart choice of Maurice Blackburn in AMP class action contest
Analysis 2020-04-21 11:00 pm By Christine Caulfield

The power of courts to choose a single winner from a contest of competing class actions is not the likely target of the High Court in taking up a challenge to last year’s beauty parade of shareholder proceedings against AMP, but the analysis behind the decision to award Maurice Blackburn the prize could face scrutiny, experts say.

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