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ICAC’s findings against Berejiklian based on ā€˜depressing view of human lifeā€™, court told
Appeals 2024-02-26 11:17 pm By Cindy Cameronne

Appealing findings of serious corrupt conduct over her award of state funds to the district of then boyfriend and member of parliament Daryl Maguire, former NSW premier Gladys Berejiklian has told a court politicians can have “personal attachments” while still acting in the public interest.

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AGL Energy class action to be discontinued after search for new funder fails
Class Actions 2024-02-26 5:32 pm By Cat Fredenburgh

The applicant in a competition class action against AGL Energy has failed to find another funder to back the case after the original funder that bankrolled the case withdrew its support.

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7-Eleven class action funder’s $12M cut seemed ‘plainly too little’, says appeals judge
Appeals 2024-02-23 4:21 pm By Cindy Cameronne

A judge hearing an appeal by a funder over its cut of a $98 million settlement in franchisee class actions against 7-Eleven has said the $12 million commission was ā€œplainly too littleā€, and questioned if the class action judge had been “stuck” on the idea that common fund orders are bad.Ā 

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Class action judge ‘very concerned’ that QBE told brokers they could ignore court request
Class Actions 2024-02-23 3:55 pm By Sam Matthews

A judge has railed against insurer QBE after it sent an email to brokers saying it could ā€œin effect ignoreā€ the courtā€™s request that they notify clients about a class action on behalf of businesses that were denied business interruption coverage for COVID-19 related shutdowns.Ā 

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Bingo, Aussie Skips hit with $33.5M in cartel penalties, CEOs get community service
Competition & Consumer Protection 2024-02-23 12:52 pm By Sam Matthews

A judge has sentenced the former CEO of Bingo Industries to two yearsā€™ imprisonment to be served in the community and imposed $30 million in penalties against the waste company for a cartel arrangement with rival Aussie Skips, which copped fines of $3.5 million and an 18 monthā€™ intensive corrections order for its boss.Ā 

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Affidavits by Ashurst lawyers adequate for Racing Victoria’s privilege claim, judge says
Competition & Consumer Protection 2024-02-23 11:30 pm By Christine Caulfield

A judge has ruled hearsay evidence given by Ashurst solicitors is sufficient for Racing Victoria to bring a claim for legal professional privilege over documents ordered to be produced to Racing NSW, which alleges it was the victim of an anti-competitive plot.

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Surgeon’s second bid for names of journalist’s sources an abuse of process, court finds
Defamation 2024-02-23 10:57 pm By Cat Fredenburgh

A judge has found that an orthopaedic surgeon’s second bid to uncover a journalist’s confidential sources in defamation proceedings against Nine is an abuse of process in light of an earlier ruling that found the sources’ identities were protected by journalists’ privilege.

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Video camera maker Bolin wins urgent injunction against ASX-listed rival BirdDog
Competition & Consumer Protection 2024-02-23 11:33 pm By Christine Caulfield

Chinese video camera company Bolin has won its bid for an urgent anti-anti-suit injunction against Australian competitor BirdDog, with a judge finding there was a risk of ā€œirreparable prejudiceā€ if Bolin lost its right to bring its claims.

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Justice Lasry’s resignation a ‘sad cautionary tale’ of dangers of judicial complaint process, experts say
Legal Ethics 2024-02-22 11:58 pm By Christine Caulfield

The DPP’s complaint to Victoria’s judicial watchdog that prompted the shock resignation of Supreme Court Justice Lex Lasry was an abuse of process, experts say, and the judge’s decision to step down was a “deeply saddening end to a stellar judicial career”. But the Office of Public Prosecutions has strongly rejected the claim.

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Medibank can’t halt class action-style complaint to OAIC over data breach
Privacy & Cybersecurity 2024-02-22 2:22 pm By Cindy Cameronne

A judge has dismissed a bid by Medibank to restrain the Office of Australian Information Commissioner from proceeding with a class action-style complaint on behalf of millions of the private health insurer’s customers affected by an October 2022 data breach.

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