Judges

Liquidators for defunct residential builder Modco have defeated a summary dismissal bid in a case over unfair preference payments but have been ordered to pay indemnity costs after 10 months passed without them taking a step in the proceeding.

Two University of Sydney academics accused of making anti-Semitic remarks following the 7 October 2023 attacks by Hamas have questioned proposed amendments to a discrimination case, including references to the Bondi massacre in December.

Sydney builder Next Constructions has accused a former employee and his wife of procuring $700,000 in secret profits by allegedly directing subcontractors to pay a company they controlled. 

The Commonwealth has hit back at a class action’s appeal over the government's 2011 live exports ban, denying that it lied to an Indonesian minister about the ban. 

The Commonwealth Bank has avoided a separate hearing over its cross-appeal in shareholder class actions that have reached the High Court.

Scenic Tours Australia has denied it provided services to international passengers, in a class action over a 2018 European cruise where river levels dropped so low they became impassable. 

The High Court has dismissed Sunshine Loans' second attempt to have a judge recuse himself from a penalty hearing in ASIC’s case against the payday lender, despite his criticism of a witness due to give further evidence.

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.