Judges

A judge has warned barristers against taking an aggressive, confrontational approach to cross-examination, saying there is “very little to be gained” from such questioning.

The applicant in a class action against The Reject Shop told an appeals court Tuesday the case was always a representative proceeding despite a pleading mistake that left it empty of group members.

A class action over the government’s live exports ban is appealing a finding that no additional cattle would have been exported to Indonesia absent the prohibition, saying the judge failed to fully appreciate the “unheralded” ban.

In a landmark decision, the Forestry Corporation of NSW has been ordered to pay $450,000 to the Yurrungga Aboriginal Corporation after pleading guilty of cutting down nine culturally and environmentally significant trees in the Wild Cattle Creek State Forest in the state's mid-north coast.

A director of collapsed builder Shangri-La Construction who was found personally liable for $3.2 million in rectification costs for combustible cladding in a Melbourne apartment complex has failed to pass on his costs to his insurers. 

A judge has encouraged singer Guy Sebastian to resolve his long-running case against his former manager Titus Day, saying the parties should “move on in life”.

Meal delivery companies Hello Fresh and Youfoodz say the consumer regulator needs to provide more details in its cases alleging customers were charged a fee after cancelling subscriptions.

The liquidators of an unregistered managed investment scheme run by convicted fraudster Chris Marco have fended off a summary dismissal application by investors, with a judge finding that it was not so obvious that they would be entitled to a good faith defence to warrant tossing the case. 

An appeals court ruling has confirmed that non-contracting owners must prove their own loss to claim defect damages under warranties in the Domestic Building Contracts Act. 

Super fund HUB24, which rejected the now collapsed First Guardian fund as an investment for members, can protect its due diligence process from getting into the hands of rival Diversa, whose members weren't so lucky.