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Funder of Qld energy class action takes on MIS rules in appeal
Class Actions 2021-12-16 7:00 pm By Miklos Bolza

A litigation funder has taken aim at a landmark judgment in an appeal of a ruling that found its funding arrangement with group members in a class action against Queensland energy suppliers was a managed investment scheme.

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Class action claims EML Payments misled shareholders over money laundering concerns
Class Actions 2021-12-16 6:41 pm By Christine Caulfield

Payments processing company EML has been hit with a class action over its alleged failure to notify shareholders of concerns by Ireland’s central bank relating to compliance with anti-money laundering regulations.

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Judge signs off on $9.4M payday for Maurice Blackburn in NT class action
Class Actions 2021-12-16 4:04 pm By Miklos Bolza

A judge has signed off on a $35 million settlement in a class action against the Northern Territory government over alleged human rights abuses against youth detainees, including $9.4 million in fees for Maurice Blackburn.

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Victorian aged care facilities can’t declass claims in COVID-19 class actions
COVID-19 2021-12-16 7:53 pm By Bianca Hrovat

Victorian aged care homes accused of “major failures” during the first wave of the COVID-19 pandemic have lost their bid to declass claims of neglect brought in two class actions on behalf of residents and their grieving families.

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Apple hits back at patent infringement suit over Touch ID tech
Intellectual Property 2021-12-16 2:14 pm By Cindy Cameronne

Apple has fired back in a lawsuit alleging its iPhone and iPad devices equipped with Touch ID and Face ID technology infringe patents held by an Australian non-practicing entity, hitting the company with its own case claiming the patents are invalid.

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‘Troubled’ judge won’t sign off on Woolworths class action settlement
Class Actions 2021-12-15 5:39 pm By Cindy Cameronne

Saying it will only benefit the law firm and lead applicants, a judge has refused to approve a settlement in an underpayments class action against supermarket giant Woolworths, which would see no payout to employees.

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CBRE can’t dodge Trilogy Funds case over $34.8M valuation
Real Estate 2021-12-15 9:33 pm By Christine Caulfield

Commercial real estate giant CBRE Group has lost its bid to toss proceedings brought by fund manager Trilogy claiming the company negligently valued a Queensland marina at $34.8 million in 2006 and caused millions in losses.

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NAB, HSBC should pay for Dick Smith receivers’ court loss, judge hears
Restructuring & Insolvency 2021-12-15 6:15 pm By Miklos Bolza

National Australia Bank and HSBC should be “jointly and severally liable” to pay a portion of the costs of a failed case brought by Dick Smith’s receivers against the company’s former directors because the banks stood to gain financially if the lawsuit was successful, the NSW Supreme Court has heard.

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HWL Ebsworth prevails in appeal of negligence case over Willoughby development
Professional Negligence 2021-12-15 5:29 pm By Bianca Hrovat

An appeals court has dismissed an appeal in a professional negligence lawsuit by a New South Wales developer against HWL Ebsworth over a due diligence report that led to the purchase of a $25.5 million parcel of government land at risk of flooding.

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PTTEP appeals win for Indonesian seaweed farmers in oil spill class action
Appeals 2021-12-15 5:08 pm By Cat Fredenburgh

Oil exploration company PTTEP has appealed a judge’s findings that oil that gushed from one of its wells in the Timor Sea in 2009 reached the coasts of Indonesian islands and damaged the crops of local seaweed farmers.

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