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PFAS class action judge questions enforceability of ‘restrictive’ witness undertaking
Class Actions 2022-09-05 10:22 pm By Cindy Cameronne

A judge has questioned how the government can enforce a “restrictive” undertaking with a former member of the Australian Defence Force who will give key evidence in a class action alleging the Commonwealth contaminated Indigenous land with toxic firefighting foam.

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Mercedes-Benz hit with $12.5M penalty for downplaying Takata airbag recall
Competition & Consumer Protection 2022-09-02 12:22 pm By Cat Fredenburgh

Mercedes-Benz has been hit with $12.5 million in penalties for failing to use attention capturing, high impact language when communicating with customers about a compulsory recall of potentially deadly Takata airbags.

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J Hutchinson, CFMEU fined $1.35M for construction boycott
Competition & Consumer Protection 2022-08-30 9:20 pm By Cat Fredenburgh

Builder J Hutchinson and the CFMEU have been fined a combined $1.35 million for entered into an anti-competitive agreement to boycott an independent subcontractor at a construction site in Brisbane.

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Mercedes-Benz to cop penalty over Takata airbag recall
Competition & Consumer Protection 2022-08-24 11:23 pm By Cat Fredenburgh

Mercedes-Benz will face a penalty in ACCC proceedings alleging the luxury car maker exposed consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags.

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No jackpot for Aristocrat, with High Court split on computer-implemented inventions
High Court 2022-08-17 11:12 pm By Cindy Cameronne

Gaming giant Aristocrat Technologies has lost its legal challenge to a decision that rejected a patent for its popular Lightning Link electronic poker machine, after six High Court Justices were equally split on whether it could be patented.

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Australian Mines cops $450,000 penalty for lying about funding for $500M project
Energy & Natural Resources 2022-08-10 1:27 pm By Cat Fredenburgh

Australian Mines has agreed to pay a $450,000 penalty to settle proceedings brought by ASIC after its managing director was allegedly caught lying at an investment conference about the value of an offtake agreement and funding for a project at its cobalt and nickel mine in Queensland.

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No secret lawyers brought on for privilege ‘shield’, says judge in Pacific National crash doc stoush
Transportation & Infrastructure 2022-08-05 11:50 pm By Sam Matthews

A judge has ordered Pacific National to hand over safety management system documents in a privilege fight over a deadly 2019 train crash, observing large organisations often bring on lawyers for a privilege “shield”.

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Zurich won’t OK NZ apartments class action as it mulls High Court appeal
Class Actions 2022-07-29 1:11 pm By Cindy Cameronne

Irish insurer Zurich Insurance has refused consent for a class action over a defective New Zealand apartment block to proceed in the NSW Supreme Court as it mulls a High Court challenge to the case.

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Tiwi Islanders to file new bid to block Santos’ Barossa drilling
Energy & Natural Resources 2022-07-26 11:15 pm By Cindy Cameronne

Tiwi Islanders will file a new application to prevent drilling continuing on Santos’ $4.7 billion Barossa gas project after losing a challenge to stop the energy giant from beginning work on the first sea well.

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Enviro group derails Chinese mining company’s plans for Tasmanian waste site
Environment 2022-07-26 11:27 pm By Sam Matthews

A government-approved plan to build a waste facility in western Tasmania has been parked,  after environmental campaigners won a judgment declaring the federal government’s approval of the proposed tailings storage facility was invalid.

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