Judges

Two Shaw & Partners advisers who won $580,000 in penalties and compensation against former employer Fortrend Securities face fresh litigation seeking to quash their demands for payment.

A law firm fighting for carriage of class actions against Hyundai and Kia has argued competing proceedings with a lower funding rate should not have a leg up, saying the rival firm’s budget was a "fantasy".

Former franchisees involved in a class action against RAMS are seeking to intervene in ASIC civil penalty proceedings against the defunct Westpac subsidiary.

The developer of a Sydney apartment block has appealed a decision that awarded the owners corporation $1.95 million, arguing the owners may have manufactured a relationship breakdown to escape their obligations. 

An RSL club can raise a set-off defence against a subcontractor’s claim under the Contractor’s Debt Act, after a judge rejected the subcontractor’s argument that the defence was barred by a provision of the SOPA.

Another failed class action is headed to the Full Court, with a case against ex-CBA unit Count Financial appealing a ruling that found advisors did not breach their duty to act in their clients' best interest.

A judge has approved a bid to discontinue a class action against Apple over updates that allegedly “throttled” the performance of iPhones, after the lawyers running the case failed to secure litigation funding.

A lawyer acting for two senior Super Retail Group employees presented a PowerPoint to solicitors for the company on the damage to its share price if his clients' allegations went public, court filings say.

The common practice of splitting hearings on questions of liability and penalty may become “completely untenable” when there are credit issues, if the High Court upholds a recent recusal decision, a judge has said.

Saint Gobain-owned CSR faces litigation by an independent building insulation distributor alleging it abused its dominance by upping prices during the pandemic.