Judges

A long-running class action over the construction of the Sydney light rail that was revived by the High Court is heading to mediation, with a judge noting the challenges that lie ahead in determining all the claims of group members if the parties don't settle.

Before the decision in the Brambles case this week -- the first shareholder class action to succeed at trial -- the path to proving loss from disclosure breaches was a thicket of, well, brambles. Now after six consecutive losses, Justice Bernard Murphy has paved the way for plaintiffs to prevail.

Institutional asset manager IFM Investor was ready to sweep up Dexus' shares in Melbourne Airport operator APAC under a forced sale process triggered by a default notice for alleged confidentiality breaches, a court heard Tuesday.

Mastercard has hit back at the ACCC’s claims that it sought to prevent competition with EFTPOS through strategic agreements with large retailers, saying the deals were struck for “benign and pro-competitive” reasons. 

The funder that's backing a class action over land compulsorily acquired for Sydney's WestConnex road project has been ordered to pay security in satellite proceedings seeking to claw back $1.4 million in costs from the lead applicants.

The funder that's backing a class action over land compulsorily acquired for Sydney's WestConnex road project has filed an application to substitute the lead applicants, amid an ongoing fight about whether the case should be discontinued. 

The Full Court has found that a pleading error in an underpayments class action against The Reject Shop which left it empty of group members can be fixed but that the amended pleading cannot be backdated.

A 27-year old cricketer who will be permanently bound to a wheelchair has won a $15.2 million judgment against a local council over its failure to install pedestrian gates at a convenient location near the cricket grounds, with a judge finding this led to players routinely jumping a fence to exit. 

Mastercard made ‘strategic’ agreements with large retailers like Coles and David Jones to keep them from routing through EFTPOS, offering discounted exchange rates that left smaller businesses footing the bill, the ACCC told the court on the first day of trial.

The chair of airport operator APAC has admitted redacting advice from Herbert Smith Freehills Kramer to remove a suggested remedy for major shareholder Dexus' alleged breach of confidentiality, but denies she misled the board.