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Mastercard says deals with retailers were legitimate, pro-competitive
Competition & Consumer Protection 2022-07-27 12:51 pm By Christine Caulfield

Mastercard had a legitimate and pro-competitive reason for reaching agreements with major retailers to choose its network over Eftpos for debit card processing, a court was told Wednesday in the competition regulator’s misuse of market power case against the financial services behemoth.

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Sims class action funder, lawyers stake claim to 57% of settlement
Class Actions 2022-07-08 11:32 am By Christine Caulfield

The funder and law firm running a shareholder class action against recycling company Sims Limited are seeking more than 57 per cent of a $29.5 million settlement for commission and costs, including an insurance policy to cover the risks of losing the case.

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Court finds sessional academic lecturer an employee, not a contractor
Employment 2022-06-30 5:14 pm By Cindy Cameronne

In its first decision applying a landmark High Court judgment redefining the test for when a worker is employed, the Federal Court has found a sessional lecturer for a higher education institution was an employee.

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Peter Dutton takes ‘rape apologist’ defamation case to High Court
Defamation 2022-06-20 10:24 pm By Cat Fredenburgh

Opposition leader Peter Dutton has asked the High Court to overturn an appeals court judgment that found a tweet labelling him a “rape apologist” was not defamatory.

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Sims settles shareholder class action for $29.5M
Class Actions 2022-06-10 9:43 am By Christine Caulfield

Recycling company Sims Limited will pay $29.5 million to settle a shareholder class action alleging earnings guidance for FY16 failed to account for the likely prospect of falling scrap metal prices.

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Funder sells interest in combustible cladding class actions for $20M
Class Actions 2022-05-30 9:36 pm By Christine Caulfield

The litigation funder backing two combustible cladding class actions has sold a third of its investment in the cases to a player in the nascent secondary market for class action financing.

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Man suing judge for unlawful imprisonment blasts ‘hopeless’ defence
Trials 2022-05-24 8:13 pm By Cindy Cameronne

The state of Queensland has brought a “hopeless” defence in a $2.5 million suit alleging a Federal Circuit judge unlawfully imprisoned a Queensland man for contempt after he failed to comply with an order for particulars, a court has heard.

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No hard time limit on criminal charges against ME Bank, prosecutors say
Financial Services 2022-05-18 1:09 pm By Christine Caulfield

Challenging a ruling that tossed half the charges brought against direct bank Members Equity, prosecutors have told an appeals court the ASIC Act does not impose a strict deadline for bringing a criminal case of misleading or deceptive conduct.

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Court overturns Peter Dutton’s win in defamation case over ‘rape apologist’ tweet
Defamation 2022-05-17 11:17 am By Christine Caulfield

An appeals court has set aside a judgment awarding federal minister Peter Dutton $35,000 in his defamation case over a tweet by a refugee activist labelling him a “rape apologist”.

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Ben Roberts-Smith can’t cross examine wife over confidential emails
Trials 2022-05-16 2:51 pm By Sam Matthews

Ben Roberts-Smith, who is suing Fairfax for defamation, has lost an appeal of a judge’s decision refusing cross-examination of his ex-wife over allegations she accessed his private emails.

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