Justice Stewart Anderson

Clive Palmer has filed an application for default judgment against the former chair of the Australian Securities and Investments Commission, James Shipton, in his proceedings alleging he acted in bad faith and beyond his power in the regulator’s pursuit of claims.

Optus has lost its appeal of a decision that found the telco could not claim legal professional privilege over a Deloitte report into a major data breach, with an appeals court highlighting the lack of evidence from former CEO Kelly Bayer Rosmarin.

Optus has denied that it ‘cloaked’ the true dominant purpose of a Deloitte report into a major data breach in 2022, arguing on appeal that the report was privileged and that a class action should not have access to it. 

Proceedings are capable of being determined by the act of filing a discontinuance, a judge has said in approving an application for the discontinuance of a class action over Fire Rescue Victoria’s COVID-19 risk management practices. 

A Kurdish refugee has lost his appeal seeking compensation for being kept in makeshift hotel detention centres for 14 months after a judge found the detention lacked “human decency” but was not unlawful.

The Full Court has clarified that a prior bad reputation is relevant to determining whether a defamation plaintiff has suffered serious harm, tossing an appeal by a Sydney lawyer who lost her case over an article related to her conviction for an alleged $16,000 scam at David Jones, which was later overturned.

Investment manager IOOF has failed to persuade a judge that the applicant in a failed shareholder class action should face indemnity costs for rejecting a $6 million offer to settle the case.

Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.

A judge has refused to redact a judgment signing off on the discontinuance of several product claims in a class action against three AMP subsidiaries after the applicant failed to gather the required evidence, saying it was not enough that the reasons “may be an embarrassment to people who commenced the proceeding”. 

Aristocrat Leisure has hit back at a consumer class action filed over allegedly illegal ‘social casino’ apps, saying the class action will have to grapple with the fact that the games are played with ‘virtual currency’ that can’t be cashed in.