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HWL Ebsworth client rejected $1.35M offer to settle negligence case
Professional Negligence 2024-08-19 11:43 pm By Cindy Cameronne

HWL Ebsworth has won indemnity costs against a former client who alleged the firm gave negligent advice over property in Parramatta’s ‘Auto Alley’, with a court saying the client was the “author of the outcome about which it complains” by rejecting a $1.35 million settlement offer.

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Ex-Demons chairman can re-file defamation case against senior club officials
Defamation 2024-08-16 1:38 pm By Andy Sidler

Former Melbourne Demons chairman Glen Bartlett has been given the green light to relaunch a defamation case against the AFL club’s president and other senior officials after discontinuing proceedings that were transferred from his home state of Western Australia to Victoria.

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Babcock & Brown liquidator wants to knock out fifth shareholder suit
Restructuring & Insolvency 2024-08-16 2:08 pm By Sam Matthews

The liquidator of failed global financial services firm Babcock & Brown is seeking to permanently stay a shareholder suit it says is an abuse of process, nearly five years after three other cases against the liquidator were thrown out.

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NSW Supreme Court’s top judge goes on defensive as class action filings dry up
Class Actions 2024-08-15 11:36 pm By Christine Caulfield

The top judge of the NSW Supreme Court, which has seen a precipitous drop in class actions, has defended his court and taken shots at the Supreme Court of Victoria and the Federal Court for embracing contingency fees for class action lawyers.

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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Trader alleges bullying, death threats in unfair dismissal case against CMC Markets
Employment 2024-08-15 2:39 pm By Cindy Cameronne

A Sydney trader has brought an unfair dismissal case against CMC Markets, alleging his manager threatened his job and life after he complained about a shortfall in bonuses totalling more than $500,000.

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‘A matchless honour’: NSW Supreme Court judge Richard Button takes his bows
Business of Law 2024-08-15 12:55 pm By Sam Matthews

Retiring judge Richard Button has been farewelled by the NSW Supreme Court, praised for his distinguished career and “great sense of humour”.

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Fanatics wins timeout amid appeal of loss to AFL merchandise maker
Appeals 2024-08-15 11:55 pm By Cindy Cameronne

A judge has granted a limited stay of an injunction against US sports merchandise Fanatics after AFL merchandise maker FanFirm won its case alleging the US company knew about its ‘Fanatics’ trade marks.

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BPay settles trade mark stoush with crypto platform Be Pay
Intellectual Property 2024-08-15 2:00 pm By Andy Sidler

The crypto platform formerly known as Be Pay Australia has settled a trade mark infringement suit by BPay after court-ordered mediation, changing its name and paying $50,000 toward the legal costs of the bill payments giant. 

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