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High Court says superannuation counts as lost earnings
Product Liability 2018-06-13 11:48 pm By Cat Fredenburgh

The High Court has said pensions can count as lost earnings, agreeing with a ruling from the Full Court of the Supreme Court of South Australia that found an individual dying from work-related mesothelioma was owed compensation for the expected loss of his  superannuation.

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Government gets ok to amend defence mid-trial in home insulation class action
Class Actions 2018-06-12 3:41 pm By Cat Fredenburgh

The government has won court approval to amend its defence mid-trial in a class action brought by businesses alleging they were harmed when the Rudd Government cancelled a program that subsidised home insulation installations during the economic downturn. 

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Apple settles ACCC case over iPhone repairs on eve of trial
Exclusive 2018-06-12 12:37 pm By Christine Caulfield

Apple has reached an in-principle settlement with the consumer watchdog in an enforcement action over the tech giant’s repair policies, a judge was told Tuesday.

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Funder can’t stop Banksia class member from appealing $64M settlement
Class Actions 2018-06-08 12:15 am By Christine Caulfield

The litigation funder underwriting a class action over the collapse of Banksia Securities lost its bid Thursday to block a group member from challenging a $64 million settlement in the case.

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Corrs Chambers fights ruling that hit pause on GetSwift class action
Class Actions 2018-06-07 10:53 am By Christine Caulfield

Law firm Corrs Chambers Westgarth is following in the footsteps of Squire Patton Boggs, with both now challenging a ruling that halted their shareholder class actions against logistics startup GetSwift.

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Glenville wins appeal of privilege ruling in Amcor asbestos dispute
Environment 2018-06-04 10:58 pm By Cat Fredenburgh

Luxury home builder Glenville has won an appeal of a ruling that shielded certain documents from production by legal professional privilege in a lawsuit against global packaging giant Amcor over liability for asbestos remediation at a former Amcor paper mill site in a Melbourne suburb.

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ACCC loses appeal in Pfizer misuse of market power case
Competition & Consumer Protection 2018-05-25 3:05 pm By Christine Caulfield

In a major loss for the ACCC, the Full Federal Court on Friday tossed the competition regulator’s challenge to a ruling that drug giant Pfizer did not misuse its market power in the months leading up to the expiration of the patent for its blockbuster cholesterol drug Lipitor.

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Judge throws out S&P damages expert in CDO trial
Securities 2018-05-22 3:37 pm By Cat Fredenburgh

A judge overseeing a trial against S&P Global over its ratings of synthetic collateralised debt obligations has tossed the company’s damages expert, saying she lacked sufficient expertise to provide an opinion on the value of the instruments.

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TWU can’t stall $270k penalty for lax record keeping
Employment 2018-05-21 11:46 pm By Cat Fredenburgh

The Transport Workers Union has lost its bid for a stay of a court order that it pay a $270,000 penalty for allegedly keeping almost 21,000 lapsed members on its register and failing to keep copies of records. 

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Blockbuster loses appeal over franchisee’s unauthorised sale
Franchises 2018-05-18 9:28 pm By Christine Caulfield

Blockbuster has struck out in its challenge to a ruling that it could not recover a cent from a husband and wife franchisee after the pair sold the store’s assets without consent and admitted to breaching the franchise agreement.

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