Judge has ‘real misgivings’ about security for costs bid in casual worker class actions

TOP STORY
Class Actions June 17, 2019 10:08 pm By Miklos Bolza

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

Ryan Wilks loses appeal after sacking employee for ‘inoffensive drunkenness’ at work party
Employment June 17, 2019 3:55 pm By Christine Caulfield

The Fair Work Commission has dismissed an appeal by Ryan Wilks challenging a finding that the electrical and engineering company unfairly sacked an employee for getting drunk at a work function hosted by the Sydney Opera House, a major client.

Judge has ‘no sympathy’ for ACCC’s attempt to block Ultra Tune appeal
Competition & Consumer Protection June 17, 2019 4:15 pm By Amelia Birnie

Ultra Tune has been given the go-ahead to challenge a $2.6 million penalty for alleged breaches of franchising and consumer laws, after a judge said she had “no sympathy” for the consumer regulator’s opposition to the car repair franchisor’s bid for more time to lodge an appeal.

Other stories
J&J hip implant class members to be paid in full from $250M settlement
Product Liability June 17, 2019 8:13 pm By Miklos Bolza

Group members in a class action against Johnson & Johnson unit DePuy International over allegedly defective hip implants are on track to receive 100 per cent of their claims as the $250 million settlement continues to be distributed, a court has heard.

Kraft can stay in peanut butter game while it appeals trade dress loss to Bega
Appeals June 17, 2019 9:56 pm By Cat Fredenburgh

The judge overseeing a dispute between Kraft and Bega over peanut butter trade dress rights has stayed orders barring Kraft from selling peanut butter in Australia featuring the disputed trade dress while it appeals its loss to Bega in the case.

Government to fund examination of JM Kelly’s web of inter-company loans
Restructuring & Insolvency June 17, 2019 5:25 pm By Amelia Birnie

The Commonwealth has agreed to fund a public examination into the affairs of collapsed Queensland-based construction group JM Kelly, after liquidators uncovered a complicated web of inter-company loans.

Judge takes ax to $5.7M bill by liquidators of SK Foods units
Restructuring & Insolvency June 14, 2019 9:59 pm By Miklos Bolza

A court has taken an ax to the final bill by liquidators of three failed subsidiaries of multi-national agribusiness SK Foods Group, lopping off 30 per cent after a successful intervention by the corporate regulator, which called the more than $5.7 million claimed by the liquidators excessive.

Ernst & Young strikes back in Quintis class action
Class Actions June 14, 2019 9:42 pm By Cat Fredenburgh

Ernst & Young, which has been named in a class action over its auditing of sandalwood producer Quintis, has filed cross-claims alleging Quintis should pick up the tab for any liability it may face in the proceedings.

HWL Ebsworth partners on trial for alleged negligence over Sydney land tender
Real Estate June 14, 2019 11:18 pm By Miklos Bolza

HWL Ebsworth’s partners are facing trial in a case blaming the law firm and the NSW government for losses stemming from the $28.5 million sale of Crown-owned Sydney land to property developer PPK Group.

AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Insurance June 14, 2019 9:13 pm By Cat Fredenburgh

AIG Australia has failed to convince the Full Federal Court that an insolvency exclusion in a directors and officers policy held by Kaboko Mining should exempt it from covering claims brought by the collapsed mining company against four former executives after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

Commonwealth planning High Court appeal of Navy class action revival
Appeals June 14, 2019 1:44 pm By Miklos Bolza

The Commonwealth of Australia is preparing a special leave application to the High Court challenging a NSW Court of Appeal decision reviving a class action […]

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$1.1M settlement in Quaker Hill Nursing Home class action wins court approval
Class Actions June 14, 2019 2:04 pm By Miklos Bolza

A court has given the green light to a $1.1 million class action settlement with the owners of Sydney’s Quakers Hill Nursing Home over a […]

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ANZ to fully repay fees for no service customers after ASIC says partial payments won’t cut it
Financial Services June 14, 2019 11:04 pm By Christine Caulfield

ANZ Bank will repay in full customers who were charged fees for no service after the corporate regulator pulled the bank up on its practice […]

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