In a case believed to be the first of its kind, the liquidators of boiler room trader Forex Capital Trading have sued ASIC, seeking to claw back over $20 million in fines and costs they says constituted unfair preference payments and should be distributed among the company’s out-of-pocket clients.
A high-profile criminal judge in Victoria has stunned a courtroom with his announcement from the bench that he would resign after learning of a DPP complaint to the state’s judicial commission over his handling of a case linked to the Eastern Freeway accident that killed four police officers.
A judge has found that Lisa Wilkinson acted reasonably in ditching Network Ten’s legal team in a defamation case brought by Bruce Lehrmann, noting the “distrust” between the presenter and her former employer as well as other matters, including a retainer Ten’s solicitors had with The Australian newspaper.
Mazda has been ordered to pay $11.5 million after a court found the Japanese car maker engaged in “appalling” customer service and misled nine purchasers of defective vehicles about their entitlement to a refund or replacement under the Australian Consumer Law.
The Project presenter Lisa Wilkinson has told a court that she begged Network Ten to admit its role in a controversial Logies speech for which she faced criticism in the media, as she pushes to have the network cover her costs in defamation proceedings brought by Bruce Lehrmann.
A senior lawyer at Network Ten has told the court she was not embarrassed by legal advice given to Lisa Wilkinson in relation to her controversial Logies speech and denied she was “utterly ill-equipped” to play a role in Wilkinson’s defence, amid a stoush between the network and the presenter over her legal bill in Bruce Lehrmann’s defamation case.
Fast food giant KFC has served its defence in a class action alleging workers were deprived of their rest break entitlements, saying its obligation to provide the break was satisfied if staff were given the chance to stop work but chose not to.
Technology company SARB has partially succeeded in a challenge to a ruling that it infringed a rival’s intellectual property in its development of a parking system used by the City of Melbourne, with an appeals court finding a judge made an error in his reading of the claims of one patent at issue.
The recent dismissal of two shareholder class actions after hard-fought trials is expected to lead to a recalibration of litigation risk and may discourage plaintiff firms and funders from pursuing what might once have been considered slam dunk cases, experts say.
Federal environment minister Tanya Plibersek wrongly focused on the net effect of approving an application by MACH Energy and Whitehaven Coal to extend two mega coal mines in New South Wales, an advocacy group has told an appeals court.