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Lawyers blast freeze on litigation over corporate climate disclosures
Lawyers have spoken out against Treasury’s plan to implement a three-year moratorium on private litigation against companies that make misleading claims about their climate credentials, as the Albanese government proposes new climate disclosure requirements.
United class action wins fight against ‘stultifying’ security bid
A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites has succeeded in fending off the petrol company’s bid for security, with a judge agreeing it would have a chilling effect on the unfunded case.
Class action investigation launched into ‘substandard’ public housing in WA
An investigation has been launched into a possible class action that would seek “housing justice” for Aboriginal tenants living in substandard public housing in Western Australia, following a landmark ruling by the High Court.
Judge up for costs in false imprisonment case, but not for abandoned expert
A man awarded $300,000 after he was unlawfully imprisoned for contempt has won his legal costs from the judge who jailed him. But a court has rejected his bid to recoup the costs paid to a damages expert in his case, finding he gave her “incomplete, inaccurate and unreliable” instructions.
High Court says distress, disappointment compensable under Tenancy Act
The High Court has found that tenants can be compensated for distress and disappointment caused by a landlord’s failure to meet a statutory requirement to maintain the security of a property, in a case brought by an elderly tenant from a remote Indigenous community whose house had no back door for over five years.
Consultation begins on 2-year review of continuous disclosure reforms
The government is seeking submissions for a review of widely criticised Morrison-era reforms that weakened continuous disclosure obligations, but the review may be hampered by the lack of case studies from the courts.
Teachers entitled to pay rises despite resignations: Full Court
Two Catholic school teachers are entitled to pay rises included in new enterprise agreements, despite resigning before they took effect, an appeals court has found.
Boral fails to limit class action to registered shareholders until judgment
In a shareholder class action targeting Boral, the construction materials giant has lost a bid to limit the class to registered group members until judgment, with a judge saying there was no reason to keep the class closed after mediation.
Court tosses lawsuit over $55M sale of Queensland shopping centre
A judge has thrown out a lawsuit over the $55 million sale of Queensland shopping centre brought by an arm of Elanor Investors Group, clearing the vendor and its agent of allegedly misleading or deceptive conduct.
Carnival points finger at passengers in norovirus class action
Carnival has pointed the finger at passengers in response to a class action over norovirus outbreaks on its Sun Princess cruise ship, a defence that recently flopped in a separate class action over a COVID-19 outbreak aboard Ruby Princess.