Most Recent
‘We’re not King & Wood Mallesons’ excuse doesn’t wash in bid to revive $400M suit
A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 
No more ‘unadulterated waffle’ please: Court has gone awry with unconscionable conduct, judge says
A judge who tossed a $650 million lawsuit by dealers against Mercedes-Benz has said he rejected a "value-laden" take by other judges on what amounts to unconscionable conduct, avoiding what he mockingly described as "putatively profound" propositions "dollied up in prettified prose".
Telstra wins appeal of ruling putting it on hook for telemarketing firm’s ‘catastrophic crashes’
Telstra has successfully appealed a decision holding it liable for a $2.6 million telecommunications bungle at a Melbourne-based telemarketing business, with a judge finding it was entitled to rely on the expertise of business partner Kyrtec.
Mercedes-Benz dealers appeal loss in $650M suit over model switch
Mercedes-Benz dealers have appealed a judgment that found their $650 million lawsuit against the luxury car maker over its decision to move to a fixed-price agency model tried to "rewrite the contractual bargain" they had agreed to in order to better suit their commercial interests.
COVID-19 aged care class actions put on ice pending criminal trials
Still in the dark about insurance coverage and seeking to stem the flow of cash, two class actions against Heritage Care and St Basil’s over COVID-19 outbreaks have been shelved pending the outcome of criminal cases against the Victorian aged care providers, in a decision the judge said “wouldn't gladden the hearts of group members”. 
Judge doubts power to order irrelevant docs be produced in aged care class actions
A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.
GM on hook for costs after settling with lead dealer in Holden class action
General Motors is stuck with the full costs of the applicant in a Holden dealers' class action as part of a settlement with the dealership, despite arguing it had intended by its offer to pay the costs incurred only by the lead plaintiff itself.
‘What’s the limit to this?’ Judge questions bid for insurance docs in COVID-19 outbreak class actions
A judge has questioned a challenge by two class actions against Victorian aged care providers to a ruling that rejected their bid for insurance and financial information, which the defendants argue would have far-reaching implications.
GM accused of ‘curating’ witnesses in Holden dealers trial
General Motors has been accused of having “carefully curated” its list of witnesses to avoid giving evidence about the car maker’s decision to stop supplying Holden-branded vehicles in Australia, as trial in a class action by Holden dealers kicks off.
GM looks to dodge class action costs after settling with lead plaintiff
General Motors could be stuck paying more costs than it bargained for after it settled with the lead plaintiff in a class action over a decision to retire the Holden brand.