The High Court has rejected special leave applications by mining magnate Gina Rinehart to appeal a ruling which only partially stayed a legal dispute over ownership rights and royalties relating to the Rinehart family-owned Hope Downs iron ore mine, with one judge calling the mining magnate’s arguments a “tortured articulation” and “very odd”.
The law firm behind a long-running class action over the 2011 floods in Queensland which reached a $440 million partial settlement last month has estimated that its legal bill to date totals around $60 million.
Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.
Lawyers and experts welcomed the High Court’s ruling Wednesday, which approved a class action beauty parade approach to dealing with competing proceedings and provided guidance as to how judges might otherwise manage the problem of duplicative cases. Here, Lawyerly outlines the important things to take away from the majority’s judgment.
The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.
Judges have power to manage competing class actions by picking a winner in a so-called beauty parade, the High Court has ruled, but there is no one size fits all approach to the decision, and the law firm that files first is not guaranteed the coveted prize.
The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.
Health care giant Healius has lost its application to the High Court to challenge a $60 million win for the Australian Taxation Office.
Certification of pleadings in legal action is not a formality that needs to be “ticked off”, and solicitors who put their signature to improperly pleaded cases should face adverse costs, an irritated appeals judge has said.
The Full Federal Court has tossed an appeal by Johnson & Johnson unit Ethicon challenging a landmark decision that put it on the hook for paying damages to 10,000 women who suffered injury through defects in its prolapse mesh and incontinence tape implants.