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Opal Tower class members could do ‘simple arithmetic’, funder says in appeal of cuts to commission
Appeals 2023-03-14 10:25 pm By Sam Matthews

The funder in the Opal Tower class action has appealed a judge’s decision to slash its commission for not disclosing proposed deductions from the settlement sum as percentages, telling the Full Court that group members could do “simple arithmetic”.

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7-Eleven loses appeal of $595,000 judgment for misleading franchisee
Franchises 2023-03-10 2:48 pm By Cindy Cameronne

Convenience store giant 7-Eleven has lost its appeal of a $595,000 judgment handed down after a court found a franchisee signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.

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Ex-Nuix CEO appeals loss in $180M case over options agreement
Appeals 2023-03-08 3:07 pm By Cat Fredenburgh

Former Nuix CEO Edward Sheehy is challenging his loss in a lawsuit claiming he’s owed $183 million in options under a 2008 agreement with the technology company.

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High Court revokes special leave in Facebook’s challenge to data breach case
Privacy & Cybersecurity 2023-03-07 11:33 pm By Christine Caulfield

The High Court has revoked special leave to Facebook to challenge a case by the privacy commissioner, finding that the social media giant’s grounds of appeal no longer involved issues of public importance.

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7-Eleven class action funder to appeal denial of CFO
Class Actions 2023-03-06 4:52 pm By Sam Matthews

A judge has approved a $12 million payment to the funder of two franchisee class actions against 7-Eleven, even as the funder plans to appeal a decision rejecting its bid for a common fund order for a $24.5 million commission.

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Full Court orders rehearing in Erin Molan defamation case
Defamation 2023-03-06 6:30 pm By Sam Matthews

The Full Federal Court has set aside a $150,000 defamation judgment for sports presenter Erin Molan and remitted the matter for a new trial, after finding a judge failed to properly consider publisher the Daily Mail’s defence of contextual truth.

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‘It should not happen’: AAT panned for verbatim copying of winning side’s arguments
Appeals 2023-03-02 11:36 pm By Christine Caulfield

A decision by the Administrative Appeals Tribunal that reproduced almost entirely verbatim and without attribution the submissions of the prevailing party as its own reasons damages the public’s trust in the AAT and must be overturned, a court has ruled.

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Daily Mail says Erin Molan’s ‘egregious conduct’ warrants reversal of $150,000 damages award
Defamation 2023-03-02 11:20 pm By Sam Matthews

The Daily Mail has argued that Nine sports presenter Erin Molan should be stripped of a $150,000 defamation damages award because of her history of “seriously egregious conduct” on 2GB’s Continuous Call Team radio show.

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Advanta beats back appeal in contaminated seeds class action
Appeals 2023-02-28 9:55 pm By Sam Matthews

Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producer’s duty of care was negated by clear disclaimers.

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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2023-02-23 1:23 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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