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High Court takes up appeal in class action by Scenic Tours cruise passengers forced to bus it
Appeals 2019-09-13 11:06 pm By Christine Caulfield

The lead applicant in a class action by passengers of Scenic Tours luxury European river cruises who were forced to take the bus has partially won a bid for the High Court to hear an appeal of a mixed ruling on liability in the case.

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High Court rejects council’s appeal bid in Walla Walla tip fire class action
Appeals 2019-09-13 10:32 pm By Christine Caulfield

The High Court has cleared the way for victims of a rubbish tip fire that tore through 17,000 acres of farmland in the NSW Riverina to claim more than $20 million in damages in a class action, after rejecting an appeal bid by the local council.

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Judge signs off on contested common fund bid in $1B IAG insurance class action
Class Actions 2019-09-13 9:02 pm By Christine Caulfield

A judge has approved a common fund application in a class action against two IAG entities over add-on insurance said to be worth up to $1 billion, saying it was only fair to make all group members pay to fund the litigation.

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‘Must be April Fool’s day’: judge slams 120 common questions ‘joke’ in botched breast implant class action
Class Actions 2019-09-13 8:05 pm By Amelia Birnie

The judge overseeing a class action against The Cosmetic Institute over allegedly botched breast enhancement surgery has queried whether the plaintiffs were playing an “April Fool’s joke” after they proposed a list of 120 common questions for determination.

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Litigation funding agreements legal in Queensland class actions, court says
Class Actions 2019-09-13 7:27 pm By Miklos Bolza

The Queensland Supreme Court has upheld the legality of litigation funding agreements in a landmark class action judgment that could have a ripple effect across other states in Australia.

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Pan Macmillan settles crime book defamation case for $100,000 after defence struck out
Defamation 2019-09-13 2:17 pm By Miklos Bolza

Publisher Pan Macmillan and nightclub magnate John Ibrahim have reached a $100,000 settlement in a defamation case brought by Sydney identity Thomas Domican over what a judge called a “fleeting reference” in Ibrahim’s autobiography.

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Sportsbet wants BetEasy trade marks removed for non-use
Intellectual Property 2019-09-12 5:45 pm By Cat Fredenburgh

Bookmaker Sportsbet has expanded its case over rival BetEasy’s attempts to operate under the ‘Sportingbet’ trade mark, arguing its marks should be revoked for non-use.

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3A Composites issues ultimatum in combustible cladding class action
Class Actions 2019-09-12 3:11 pm By Miklos Bolza

German-based 3A Composites has issued an ultimatum in the high-stakes combustible cladding class action against it, saying it will try to shut down the matter as a representative proceeding if group member registration and opt out are not initiated.

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TPG founder’s evidence means ‘anything can happen’, says judge hearing Vodafone merger battle
Competition & Consumer Protection 2019-09-12 2:06 pm By Christine Caulfield

The judge overseeing Vodafone’s court battle with the competition regulator over a proposed merger with TPG questioned TPG founder David Teoh when the billionaire boss told a courtroom Thursday mobile technology was rapidly evolving, a remark seemingly at odds with the teleco’s claim that it had no viable option in the next five years for resuming a stalled network rollout.

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Judge slams NRMA’s ‘intrusion’ on industrial jurisdiction with consumer suit
Competition & Consumer Protection 2019-09-12 1:58 pm By Amelia Birnie

A judge has thrown out the NRMA’s consumer case against the maritime union over its Sydney fast ferry campaign, ruling that a verdict in favour of the motoring body would have brought the “the entire field of industrial relations within the operation of consumer legislation”.

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