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Fair Work Ombudsman ‘overreacted’ in wage case against Transpetrol, judge says
Employment 2019-03-27 9:30 pm By Christine Caulfield

A judge has told off the Fair Work Ombudsman for seeking penalties of up to $94,000 in a case alleging Norwegian shipping company Transpetrol underpaid seafarers more than $255,000 in wages, saying she “overreacted”.

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Queensland floods class action defendants must live with their decision on expert reports, judge says
Class Actions 2019-03-14 11:48 pm By Cat Fredenburgh

The judge overseeing the marathon Queensland floods class action has shot down a request by the defendants to submit new expert flood modeling reports, saying the “sophisticated litigants” would have to live with their earlier decision to pass on the chance to submit evidence in response to new reports by the plaintiff’s expert.

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Mills Oakley helped uncover client’s false evidence, court hears
Intellectual Property 2019-03-14 7:49 pm By Miklos Bolza

A top executive at railway technology company Wavetrain has been referred to the Commonwealth Attorney General for possible criminal proceedings after its solicitors at Mills Oakley worked with opposing counsel to uncover false evidence he provided in a consumer case centered on the company’s railway patents.

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Black & White Cabs loses injunction bid in misuse of market power case
Competition & Consumer Protection 2019-03-12 12:33 pm By Miklos Bolza

National taxi company Black & White Cabs has failed in its bid for a court-ordered injunction forcing Regent Taxis to supply booking and dispatch services to its Gold Coast fleet while the cab companies litigate a case alleging Regent is abusing its market dominance in the region.

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Judge got the maths wrong in awarding $5.6M for accounting error, Pitcher Partner says
Appeals 2019-03-07 1:16 pm By Christine Caulfield

A judge who hit Pitcher Partners with a $5.6 million damages ruling over an accounting error concealed from corporate client Neville’s Bus Service was wrong to hold that the transport operator’s losses flowing from the error were real, the firm has argued.

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Sacked Qantas flight attendant loses appeal over Manhattan martini drinking spree
Employment 2019-03-06 9:43 pm By Christine Caulfield

A former Qantas flight attendant who was sacked after getting drunk on peach martinis at a bar while off duty in Manhattan has lost an appeal of a finding that the airline had valid reasons for dismissing him.

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United Petroleum loses $2M award over compulsory land acquisition
Construction 2019-03-06 5:38 pm By Miklos Bolza

An appeals court has overturned a ruling awarding $2 million in compensation to United Petroleum after the state government compulsorily acquired land on which the petrol retailer operated a service station and restaurant.

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Judges have the power to issue common fund orders, appeals courts rule
Class Actions 2019-03-01 8:59 pm By Miklos Bolza

Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.

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Explicit Snapchat pic sent to co-worker validates sacking, FWC finds
Employment 2019-02-28 3:35 pm By Miklos Bolza

Sydney Trains was justified in its dismissal of a train guard who claimed he sent an explicit Snapchat picture of his genitalia to a colleague in an “honest mistake,” the Fair Work Commission has found.

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Judge makes ‘irresistible’ order that Pitcher Partners pay $3.3M in costs over hidden error
Financial Services 2019-02-25 2:13 pm By Christine Caulfield

Pitcher Partners just found another reason to challenge a ruling that it owes $5.6 million in damages for concealing an accounting error from a client — a ruling that socks it with $3.3 million in legal costs for its “deceit”.

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