The Full Federal Court took a “radical” and unorthodox approach with far-reaching consequences by keeping Apple’s competition dispute with Fortnite game maker Epic Games in Australia, the Silicon Valley giant has told the High Court.
Google is pressing forward with an application to stay Fortnite game maker Epic Games’ competition lawsuit over its Google Play store terms, despite the Full Court rejecting a similar move by Apple.
Apple plans to appeal the Full Federal Court’s decision that Epic Games’ misuse of market power lawsuit over it App Store terms should be heard in Australia because the case raises issues of “fundamental public interest”.
The High Court has declined to hear a case that challenges the power of judges to make common fund orders at the close of litigation, a challenge the Federal Court had labelled “hypothetical”.
The power to make common fund orders in class actions is a question before the High Court a second time, but the justices aren’t likely to quell the conflict simmering in the courts below, at least until they have a concrete order before them.
Video game developer Epic Games has asked the Full Federal Court to overturn an “illogical” decision sending its competition lawsuit against Apple to California, saying the move would have a “chilling effect” on the enforcement of Australia’s competition laws.
Telstra has been fined $50 million for using unconscionable tactics to sign up more than 100 Indigenous customers with post-paid mobile plans they didn’t understand and could not afford, the second highest penalty ever imposed for consumer law violations.
The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.
The Commonwealth Bank of Australia has told a judge there’s no chance it will admit to ASIC’s allegations that it accepted conflicted remuneration through the sale of its Essential Super product, likening the matter to ASIC’s failed ‘Wagyu and shiraz’ case against Westpac.
Lawyerly’s Litigation Firms of 2020 delivered significant victories for clients last year in bet-the-company matters, thriving in a tumultuous year that saw courts and litigants adapt to virtual trials and other new norms that are sure to outlast the COVID-19 pandemic.