The judge who presided over ASIC’s successful case against payday lender Sunshine Loans has recused himself from deciding on penalty in the matter, saying a new court protocol might be needed for when a judge makes an adverse credit finding during the liability phase of a case.
AFL merchandise maker FanFirm has won a trade mark case against US sports merchandise giant Fanatics, with a judge finding it knew about the Australian company’s ‘Fanatics’ trade marks when it chose its corporate name.
Online auction site Grays has been ordered to pay $10 million in penalties after it admitted to making misleading statements in the descriptions of at least 750 cars listed for sale on its website.
A judge has rejected a law firm’s attempt to update its bid to run class actions against Hyundai and Kia, saying the changes were intended to net the firm a competitive advantage in an upcoming fight for carriage of the class actions and different in substance from its previous position.
A law firm has secured more funds to cover the cost of distributing a $20 million settlement reached in a class action against telco contractor BSA, but not as much as it wanted, with a judge saying the firm would have been stuck with its initial estimate if the administration gig had been put out to tender.
The builder of Sydney’s troubled Opal Tower has brought a claim for indemnity against insurer Liberty Mutual, which has already agreed to pay out $22.5 million, claiming it is owed a total of $12.5 million for its costs in defending a class action by residents.
Clive Palmer has filed an application for default judgment against the former chair of the Australian Securities and Investments Commission, James Shipton, in his proceedings alleging he acted in bad faith and beyond his power in the regulator’s pursuit of claims.
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.
Aristocrat Leisure has hit back at a class action over its allegedly illegal ‘social casino’ apps, saying that playing is optional and that the lead applicant should have deleted the games.
A judge has questioned the law firm running a class action against medical glove maker Ansell on its application for a contingency fee rate of 40 per cent, which would equal the highest rate granted since Victoria allowed firms to earn a percentage profit of a group proceeding.