Judgment

Star Track Express has lost its bid to summarily dismiss a lawsuit by a warehouse worker who claims it is vicariously liable for sexual harassment after the logistics company argued she had no contractual relationship with the business.

A former employee of the Australian Taxation Office who faced murder charges over a cold case from 1984, which have since been dropped, has lost his unfair dismissal case after the FWC found he was not forced to resign. 

A medical imaging company has lost its negligence case alleging Malouf Solicitors failed to advise it that its defences in District Court proceedings were doomed to fail, with a judge finding the company’s executives were informed of the risks of defending the case.

A judge has rejected an application by a director of mining tech company Globaltech to replace administrators from McGrathNicol after arguing there was an appearance of bias since their fellow partners used to be on the board of its biggest unsecured creditor, Boart Longyear.

The CFO of former market darling Big Un, who has been charged with insider trading, has been excused from filing a defence or taking other procedural steps in the collapsed company’s case against its ex-directors. 

A judge has ordered credit card giant American Express to pay $8 million in ASIC’s first-ever case over design and distribution obligations, but has criticised the recently enacted provisions as being “poorly drafted”. 

The ACCC has secured $6 million in penalties against wealth education company DG Institute and its CEO Dominique Grubisa, as well as orders that the company refund $14.7 million in course fees to customers who enrolled in its ‘Master Wealth Control’ program.

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.

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.

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.