Judges

Awaiting judgment in Federal Court class actions by shareholders over its money laundering risk disclosures, the Commonwealth Bank will ask the court to reopen the case to consider the relevance of two recent decisions that found shareholders in other class actions had failed to prove loss.

Bank of Queensland will pay a $820,000 penalty after its Members Equity was found guilty of criminal charges over misleading representations, with a judge finding the defunct direct bank was no less responsible because the offending conduct resulted from a systems error.

Apple has failed to prevent a funder from accessing data that will allow it to estimate potential damages in a class action it’s bankrolling over allegedly anti-competitive app store restrictions.

A judge has criticised Tesla’s bid for an urgent arrest warrant against a NSW man who allegedly published material leaked by a former employee about its self-driving software, saying the man needs the chance to properly respond to the electric car giant’s contempt of court claim. 

The Australian Law Reform Commission has recommended extensive reforms to the “confusing maze” that is the Corporations Act, including the creation of a standalone financial services law.

A former National Rugby League referee has lost his unfair dismissal lawsuit alleging he suffered bullying and victimisation, with a judge finding the league did not terminate his employment but “acted passively” in letting his contract term end.

A litigation funder must pay indemnity costs to CoreLogic after bankrolling a photographer’s unsuccessful copyright claim against the property data analytics company, with an appeals court finding it pursued the litigation for its own personal gain.

Judges were not afraid to vent their spleen in 2023, but lawyers were not the only object of judicial scorn last year, as judges waded into public discourse and sounded off over issues including complex legislation, media reports, famous social media commentators, and the involvement of government departments in legal proceedings. 

A court fight has broken out between a vaccine developer and South Australia’s Flinders University over the supply of mice and access to a lab at the college, with the professor’s lawyer declaring the battle “literally a matter of life and death”.

A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.