King & Wood Mallesons

Characterising a settled lawsuit by a Westpac senior executive alleging employment breaches as a “private” matter, a judge has made broad confidentiality orders that bar public access to the case.

Lendlease, which is facing claims by a former Greenwoods & Herbert Smith Freehills partner over its alleged “aggressive taxation position”, has failed in its bid for orders that evidence of the partner’s alleged loss be filed before mediation.

The ex-chair of former ANZ unit OnePath “has not been cooperating” in a class action alleging it breached its duties as a trustee of superannuation funds by slugging members with excessive fees to pay commissions to financial advisers, a court has heard. 

Building materials manufacturer 3A Composites has lost a challenge to questions for a judge at an initial trial of a class action over combustible cladding, with a judge finding the issue of whether the company’s Alucobond panels were of acceptable quality was common to all group members. 

AFL merchandise maker FanFirm has won a trade mark case against US sports merchandise giant Fanatics, with a judge finding it knew about the Australian company’s ‘Fanatics’ trade marks when it chose its corporate name.

A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

Aristocrat Leisure has hit back at a class action over its allegedly illegal ‘social casino’ apps, saying that playing is optional and that the lead applicant should have deleted the games.

In a win for ASIC, the Federal Court has found that non-bank lender Firstmac Limited breached the design and distribution obligations, introduced in 2021, by marketing a managed investment scheme that could be unsuitable for customers’ financial needs. 

Energy retailer Origin Energy has hit back at a trade mark infringement suit filed by internet provider Origin Net, arguing that its mark should be revoked and accusing Origin Net of misleading and deceptive conduct. 

Despite arguing for suppression as a means only to successful mediation, Westpac now wants a settled employment case brought by an executive kept under lock and key. And in a worrying sign the Federal Court may have lost sight of the importance of open justice, a judge has indicated she would entertain an order that the suit never see the light of day.