Barristers

An adjudicator’s decision awarding $10 million to a builder on Queensland developer Heran Group’s high-rise luxury apartment building in Main Beach lacked procedural fairness after he went outside the parties’ submissions, a judge has found. 

ASIC is considering an appeal of a ruling that tossed its conflicted remuneration case against Freedom Insurance's former boss and another executive over a sales incentive scheme.

A builder has lost an appeal arguing that a RW Capital unit was bound by an alleged contract to develop land in northern Sydney, said to be worth $25.75 million, after the trial judge found the claim was “doomed to fail”.

The lead plaintiffs in a lawsuit against Transport for New South Wales over the compulsory acquisition of land for the WestConnex road project have won their bid to toss a third suit brought by the funder which backed the case.

The High Court has dismissed a case by a law firm client who claimed he was entitled under the law of restitution to $1.4 million in interest on a $900,000 sum his lawyers repaid in a fight about legal fees.

A judge has refused to strike out claims of serious harm in a defamation case by a pro-Israel activist against the owner of Sydney restaurant Cairo Takeaway, finding the activist did not need to plead to his prior reputation.

A judge has questioned the tiered structure of a group costs order sought by the law firm running a class action against Mineral Resources, but the firm argued Wednesday it would need the highest rate if a flat fee were ordered.

Wealth manager Colonial First State Investments and insurer AIA have reached a $140 million settlement in a long-running class action alleging 700,000 superannuation members were charged inflated premiums on insurance products linked to former owner CBA.

Law firm Gillis Delaney has defeated a bid for third-party costs by a warehouse management software company that was named in an intellectual property dispute, with a judge rejecting claims the firm was not authorised to act and acted unreasonably. 

Meta has successfully opposed an Australian start-up's 'Reelstar' trade mark, with a delegate finding it was too similar to the social media company's mark for its short-form video brand Reel.