Judges

Preventing a DOCA for the Milligan-owned developer of the troubled $1.8 billion Halo Tower skyscraper in Sydney could cause $100 million in losses and jeopardise a sale to Cbus set to settle in July, a court has heard.

A judge has refused to allow Forte Construction to file a late amended defence after it failed to comply with three orders in a $3 million case brought by the liquidators of collapsed real estate fund manager iProsperity, saying the court was being treated with “absolute contempt”.

Twenty-one former property owners at the site of the troubled 55-storey Halo Project skyscraper in the Sydney CBD have won access to a contract entered with Cbus Property shortly before developer FT Sydney went into administration. 

The Supreme Court of Victoria has agreed to transfer a case against the former CEO of ASX-listed software company Dubber and its solicitor to the Federal Court, to be heard alongside a case against auditor BDO and civil penalty proceedings by ASIC.

Dexus has stood down executives, sacked its advisers and launched a review of its $7 billion infrastructure division, following last week's judgment upholding the validity of a default notice by Melbourne Airport's operator.

A judge has raised concerns that a common question posed by a class action challenging the Victorian government’s imposition of surcharges on foreign citizens is framed for direct referral to the Full Federal Court. 

A judge overseeing ASIC’s case against the ASX over its CHESS replacement plan will allow remote evidence by the US-based director of a New York tech company, who allegedly gave the exchange an assurance about the project's timeline.

An underpayments class action against Kmart on behalf of salaried managers will go back to the drawing board after a judge said the statement of claim was “bereft of detail”.

NSW builder Hort Constructions is seeking urgent orders to restrain Iluka Resources from calling on a $1.45 million bank guarantee, claiming the mining company is seeking the funds for an improper purpose.

NSW Police has argued the lead plaintiff in a class action over strip searches at music festivals should only receive $33,000 in damages rather than $93,000 and is challenging a finding that the strip searches were done “as a matter of routine”.