A judge weighing a $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been told that two NSW Court of Appeal judgments barring class closure were “plainly wrong”, but in deciding whether to lock group members out of the settlement the judge says he won’t need to grapple with the landmark rulings.
Telstra has been hit with a $1.5 million fine from the the Australian Communications and Media Authority for dropping its number porting service during the first COVID-19 wave last year, leaving 42,000 customers unable to transfer their numbers away from or to new providers.
A judge has hit caravan manufacturer Jayco with a $75,000 penalty in proceedings launched by the ACCC, finding the company made a false or misleading representation to a customer about their consumer guarantee rights.
ASIC has won a $20 million judgment against derivative trader Forex CT for using “unfair” sales tactics and misleading clients into making trades from which the company would benefit even when they had informed their adviser they had limited financial resources.
A unit of coal mining company Futura Resources has failed to convince the Full Federal Court to allow it to register a 2012 coking coal mine investigation conducted in Central Queensland for a research and development tax offset.
A director of Gold Coast accounting firm Oculus has lost his bid to represent the company in a class action by investors in failed music streaming platform Guvera, with a judge unconvinced the company lacked the means to fund the litigation and finding the director was not suitable to represent the company.
The judge overseeing the first ever bid for a group costs order in a class action that will give the plaintiff’s law firm a percentage cut of the proceeds has urged the firm to rethink characterising its own solicitor as an expert.
A judge has ordered mining magnate Clive Palmer to pay damages of $1.5 million to Universal Music for his “contemptuous” behaviour in infringing “substantial parts” of Twisted Sister’s 1985 heavy metal hit ‘We’re Not Gonna Take It’ in advertisements for his political party.
Ben Roberts-Smith threatened legal action against his ex-wife, who is set to give evidence against him in an upcoming defamation trial, if she disclosed information to Fairfax’s lawyers that is subject to a confidentiality agreement, a court has heard.
Restaurant chain Hog’s Breath Café is facing a class action for allegedly misappropriating franchisee funds meant for advertising, including by paying a director’s girlfriend as a “consultant”.