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Scenic cruise passengers can’t claim damages for disappointment, appeals court says
Appeals 2018-10-25 10:19 pm By Cat Fredenburgh

Scenic Tours has won a major victory on appeal in a class action against a ruling that put it on the hook for claims that luxury European river cruise passengers were owed damages and compensation after they were forced to take the bus because of flood waters.

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Woolworths bags $100M shareholder class action
Class Actions 2018-10-25 9:56 pm By Cat Fredenburgh

Woolworths has shot back at claims in a shareholder class action that it breached its continuous disclosure obligations, saying the lawsuit doesn’t allege there was material information it should have disclosed to shareholders in advance of its downward revision of a 2015 profit guidance.

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Court urged to reject $35M Westpac settlement with ASIC
Financial Services 2018-10-24 8:17 pm By Miklos Bolza

Former Solicitor-General Justin Gleeson, SC, told a Federal Court judge Wednesday to reject a proposed $35 million deal between ASIC and Westpac, saying the bank should pay at least $100 million if it committed the responsible lending breaches alleged by the regulator.

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Banning closed class actions no easy feat, new report shows
Exclusive 2018-10-24 7:49 pm By Christine Caulfield

A proposal by the Australian Law Reform Commission that all federal class actions be initiated as open cases may be difficult, if not impossible, to achieve, says a new report by the country’s leading class action expert.

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AMS loses bid to restrict group size in pelvic mesh class action
Class Actions 2018-10-24 7:36 pm By Cat Fredenburgh

The judge overseeing a class action against American Medical Systems over allegedly defective pelvic mesh implants has rejected the medical device maker’s bid to alter the start date for a sub-group of class members.

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Qantas flight attendant can appeal sacking over Manhattan martinis
Employment 2018-10-23 11:22 pm By Cat Fredenburgh

A former Qantas flight attendant who lost his job after getting drunk on peach martinis while off duty in New York City has won leave to appeal a decision that his dismissal was not unfair.

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ACCC to act as intervenor in Nature’s Care case over Australian Made logo
Competition & Consumer Protection 2018-10-23 10:40 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has successfully escaped a lawsuit by a Chinese vitamin company Nature’s Care after arguing it had been wrongly “dragged” into the case.

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Geoffrey Rush grilled about tongue emoji on day 2 of defamation trial
Defamation 2018-10-23 8:37 pm By Miklos Bolza

Geoffrey Rush was cross-examined at length on Tuesday about the meaning behind a text he sent to colleague Eryn Jean Norvill that included an emoji with its tongue sticking out, during the second day of trial in the defamation case against Nationwide News.

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Geoffrey Rush ‘demonised by untruths’, court told at start of defamation trial
Trials 2018-10-22 7:03 pm By Miklos Bolza

Oscar-winning actor Geoffrey Rush has told a court he endured “the worst 11 months” of his life following the publication of two Daily Telegraph articles that accused him of inappropriate behaviour toward his co-star during a 2015 production of King Lear.

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Bannister Law off Ford class action in wake of funder feud
Class Actions 2018-10-22 3:49 pm By Cat Fredenburgh

Bannister Law has withdrawn from a class action it filed against Ford over allegedly defective Powershift transmissions following a dispute between the firm and the litigation funder that’s backing the case.

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