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PFAS class action judge questions enforceability of ‘restrictive’ witness undertaking
A judge has questioned how the government can enforce a “restrictive” undertaking with a former member of the Australian Defence Force who will give key evidence in a class action alleging the Commonwealth contaminated Indigenous land with toxic firefighting foam.
Drug ingredient maker Alkaloids faces $30M penalty for ‘actively policing’ cartel
Pharmaceutical ingredient producer Alkaloids of Australia is facing a maximum $30 million penalty but has argued it should pay less than $1 million after pleading guilty to cartel conduct over the supply of a key chemical found in generic stomach cramp drugs.
Full Court upholds class action waiver in Ruby Princess case
The Full Federal Court has thrown out a decision that found foreign passengers could join a class action against cruise operator Carnival PLC over the 2020 COVID-19 outbreak aboard the Ruby Princess, finding a class action waiver was not unfair.
Class action funder must indemnify Virgin despite ‘nonsensical’ agreement
A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.
High Court Chief Justice says Bar ‘pays a price’ for more female judges
Chief Justice Susan Kiefel has decried the low number of women barristers appearing in the High Court, questioning whether there is a “price” to pay for state and federal policies focused on appointing more female judges.
Perth Airport accuses Airservices Australia of PFAS contamination
The operator of Perth Airport has sued government-owned Airservices Australia for allegedly contaminating the airport’s groundwater, which flows into the Swan River, through the use of toxic firefighting foam.
G&S can’t shield emails about legal advice in suit over Mount Pleasant coal mine
Engineering services firm G&S has lost a bid to shield emails about “the need to obtain legal advice” in a $270 million dispute with the operator of a NSW open-cut coal mine.
Dick Smith directors owe $11.8M in damages after receivers win appeal
An appeals court has found that two former executives of collapsed electronics retailer Dick Smith should pay the company’s receivers $11.8 million in damages for approving a dividend payment the company could not afford.
Pitcher Partners gave bad advice on $2.5M Zap Fitness share buy-back: suit
The former owner of fitness franchise Zap Fitness has sued accounting firm Pitcher Partners, claiming it failed to properly advise on a troubled share buy-back scheme that spawned litigation the company paid $4.25 million to settle.
Forum Finance judge recuses himself after questioning director’s credibility
A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an “unfavourable” impression of director Vince Tesoriero's reliability as a witness.