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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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Insurer BCC loses bid to bring ‘moral hazard’ claim in $6B Greensill cases
Insurance 2024-08-14 3:48 pm By Cindy Cameronne

Bond & Credit Company has lost its bid to bring a new claim in defence to $6 billion proceedings over the collapse of Greensill that alleged the financial services company failed to disclose its “moral hazard” behaviour of being dishonest with insurers.

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Second Super Retail whistleblower comes forward, as court rejects bid to redact lawyer’s case
Employment 2024-08-14 11:18 pm By Cindy Cameronne

Super Retail Group has lost a bid to suppress parts of a case by former chief legal officer and company secretary Rebecca Farrell, who says she was sacked in May following complaints of corporate goverance issues, as a second senior employee steps up to back her former colleague’s claims.

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High Court upholds court’s power to set aside arbitration ruling in $130M spat with Chevron
High Court 2024-08-14 10:42 pm By Sam Matthews

The High Court has rejected an appeal from a joint venture that provided work on Chevron’s Gorgon liquified natural gas project that argued the Western Australia appeals court lacked power to uphold a ruling that set aside an arbitration ruling in a $130 million dispute over the project.

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Accenture shuts down reporting of former HR exec’s employment case
Employment 2024-08-14 11:30 pm By Cindy Cameronne

Accenture has succeeded in a bid to keep a lid on court documents in a Fair Work claim by a former human resources executive ahead of mediation — the second recent suppression order of its kind made by the Federal Court.

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Acciona must deliver bank guarantees for $511M waste-to-energy plant
Energy & Natural Resources 2024-08-14 1:57 pm By Sam Matthews

A judge has ruled that Acciona must deliver $38.6 million in bank guarantees to the entity in charge of a $511 million waste-to-energy plant in Western Australia, despite allegations of insolvency levelled by the Spanish infrastructure giant.

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Losing law firm in Hino class action contest drops appeal, must pay costs
Class Actions 2024-08-13 11:08 pm By Christine Caulfield

A personal injury firm that lost out to a class action heavyweight in a contest to run a case against Toyota unit Hino has dropped its appeal and will wear the costs it incurred in bringing its case.

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‘Nonsense’: ATO slams ex-EY partner’s privilege claim over termination advice
Tax 2024-08-13 11:13 pm By Cindy Cameronne

A former EY partner who was ousted after the tax office claimed he had promoted a $700,000 tax exploitation scheme has argued he is entitled to claim privilege over communications with the accounting firm’s general counsel and an external barrister, despite EY having waived it. 

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AFL star can’t get game footage before expanding discrimination class action
Class Actions 2024-08-13 2:35 pm By Sam Matthews

A judge has rejected AFL great Phil Krakouer’s request for extensive game footage before putting on an amended claim in a racial vilification class action against the league, which is expected to bring five clubs into the proceeding. 

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Repped by firm on winning streak, Boral takes shareholder class action to trial
Trials 2024-08-12 11:20 pm By Christine Caulfield

Buoyed by the recent trial success of CBA and other companies facing shareholder ire, building materials giant Boral is taking its chances at a hearing in a class action alleging disclosure breaches linked to its US windows business.

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