Class Actions

Slater & Gordon can delay fight over security in shareholder class action

A judge has allowed Slater & Gordon to adjourn a fight about security for costs in a shareholder class action against Beach Energy until it has more favourable evidence of its debt financing position, over the energy company’s objection to the “doctrinally unprecedented” application.

Defamation

Brittany Higgins’ rape claim doesn’t get more persuasive if court rejects Lehrmann’s story, his lawyers say

The court might find Bruce Lehrmann's story implausible, but that doesn't mean Brittany Higgins' alleged rape is the only possible alternative to what happened in Parliament House five years ago, Lehrmann's lawyers have told a court.

Class Actions

Virgin can stay investor class action if funder doesn’t show proof of funds

A judge has ordered a litigation funder bankrolling an investor class action against Virgin Australia to show evidence it can meet a $10 million agreed indemnity with the airline, saying it was not being transparent about its financial position. 

Class Actions

Judge says international passengers can board Scenic Tours class action

A judge has rejected Scenic Tours’ bid to declass a second class action brought by disappointed passengers on a series of European cruises and exclude international customers from the proceeding.

Competition & Consumer Protection

Ultra Tune found guilty of contempt, hit with record $1.5M fine

A judge has handed Ultra Tune a $1.5 million fine for contempt, saying the car repair franchise failed to meet the requirements of a court-ordered compliance program, instituted after the company copped a $2 million fine for contravening its disclosure obligations to franchisees.

Construction

Not one email or text: Steller director denies existence of $120M personal guarantee

A former director of Melbourne-based developer Steller Developments has denied liquidators’ claims that he agreed to give a $120 million personal guarantee before the company went under, saying there was “not one single contemporaneous document” referring to the alleged guarantee. 

Class Actions

Federal Court has no jurisdiction to hear ACT public housing class action, judge told

The ACT government has argued the Federal Court cannot hear a class action brought on behalf of public housing tenants who were allegedly forced to relocate.

Class Actions

Law firm wins 30% contingency fee rate in IAG shareholder class action

The law firm behind a class action against Insurance Australia Group has secured a group costs order that will give it 30 per cent of any proceeds -- a contingency fee rate six percentage points higher than the median rate for shareholder cases.

Construction

In Hutchinson, CFMEU boycott case, ACCC failed to prove more than ‘industrial muscle’ at work

Builder J Hutchinson and the union for construction workers have successfully appealed a finding that they unlawfully agreed to boycott an independent subcontractor at a Brisbane building site.

Human Rights

Pauline Hanson’s ‘dehumanising’ comments should be admissible in Faruqi case, court told

Mehreen Faruqi is fighting to include evidence of senator Pauline Hanson’s alleged history of ‘dehumanising’ comments on race and ethnicity in a trial over the One Nation leader’s tweet saying the deputy Greens leader should “piss off back to Pakistan".

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