Judgment

A judge has refused to bifurcate a dispute between Smart Trikes and Target over the supply and eventual recall of allegedly unsafe convertible strollers, finding any time and cost savings were likely to prove illusory. 

A Queensland solicitor has been fined and reprimanded for sending a letter that “grossly exceeded” an assertion of his client’s rights and making an allegation that was not “reasonably justified” in a family law case. 

A judge has declined to extend an injunction that barred ASX-traded Structural Monitoring Systems from sacking its CEO after he launched whistleblower proceedings against the aerospace company.

A judge has declined to reinstate the ex-CEO of sustainable building not-for-profit Australia Passivhaus Association while her suit alleging she was unlawfully terminated after complaining about serious governance issues moves forward. 

A director of developer Villawood has lost his bid to bring an alternative claim in his case against the company’s subsidiary alleging he is entitled to part of a property said to be worth $295 million.

Perth builder Cooper & Oxley has partially succeeded in appealing an adjudicator's determination in a payment dispute related to the $16 million redevelopment of the Hamersley Public Golf Course near Perth.

A judge has rejected a former SBS employee’s case alleging she was unfairly dismissed due to her need to work from home for medical reasons, finding it was an "inherent requirement” of her role that she come into work.

Insurer Marsh has successfully appealed a finding that it breached its obligation not to use documents discovered in litigation over the $7 billion collapse of supply chain finance firm Greensill in separate proceedings.

A Queensland solicitor has been reprimanded for trust account irregularities after she was "duped" by the director of an incorporated legal practice who pretended to be a qualified lawyer.

Marine towage giant Svitzer took adverse action against a port manager who was dismissed in the “snap decision” of an executive irritated by the manager's lack of excitement when offered a lower-paid role as part of a restructure.