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Lawyers can advance potential new class action against Scenic Tours over disrupted European cruises
Class Actions 2019-09-27 8:20 pm By Amelia Birnie

Lawyers pursuing a class action against Scenic Tours on behalf of passengers whose European cruises were interrupted by severe flooding have been granted preliminary discovery as they weigh a second multi-million dollar class action against the company over cancellations caused by last year’s severe drought conditions.

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Landowners lose appeal over $56.5M payout for Westconnex project
Transportation & Infrastructure 2019-09-26 2:31 pm By Christine Caulfield

A group of Sydney commercial landlords whose properties were compulsorily acquired for the WestConnex project have lost an appeal seeking $56.5 million in compensation, after the Valuer-General offered them just over half that amount.

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‘A very expensive lesson’: Ultra Tune to sue former auditors, lawyers over $2M franchising penalty
Competition & Consumer Protection 2019-09-20 11:58 am By Amelia Birnie

National car repair franchise Ultra Tune is preparing negligence suits against its former lawyers and auditors, after the company on Friday won a $590,000 reduction in a $2.6 million penalty for breaches of the Franchising Code of Conduct.

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Order banning DP World workers from ‘go slow’ protests quashed by FWC’s 7.5 hour error
Employment 2019-09-19 3:54 pm By Miklos Bolza

The CFMEU has successfully challenged an interim Fair Work Commission order barring workers at stevedoring firm DP World from ‘go slow’ industrial action after an appeals panel found a commissioner had no power to make the original order because she miscalculated, by 7.5 hours, when she could make it.

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In new class action defence, Scenic Tours says passengers can’t rely on it to control weather
Class Actions 2019-09-18 3:16 pm By Miklos Bolza

A class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways is still proceeding despite an impending High Court appeal, with the tour company now seeking to argue in an amended defence that class members could not reasonably rely on it to control water levels.

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Aurizon files lawsuit over sale of Genesee & Wyoming’s Australian assets
Transportation & Infrastructure 2019-09-18 3:06 pm By Miklos Bolza

Australian rail freight operator Aurizon has launched a lawsuit against US-based shortline railroad firm Genesee & Wyoming seeking damages over the impending sale of its Australian assets.

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High Court to hear wrongful death case over Queensland airplane crash
Appeals 2019-09-17 6:10 pm By Miklos Bolza

Two Australian companies have won their application for special leave to the High Court as they continue their fight to shut down a wrongful death case in the US brought by the families of 15 people killed in an aircraft crash near Lockhart River in northern Queensland in May 2005.

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Uber faces suit for ‘severe exploitation’ of workers
Employment 2019-09-16 5:57 pm By Miklos Bolza

The Transport Workers’ Union has launched a case against Uber on behalf of a driver who was allegedly sacked for being ten minutes late, and has appealed to the Federal Government to intervene in the case.

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Litigation funding agreements legal in Queensland class actions, court says
Class Actions 2019-09-13 7:27 pm By Miklos Bolza

The Queensland Supreme Court has upheld the legality of litigation funding agreements in a landmark class action judgment that could have a ripple effect across other states in Australia.

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Judge slams NRMA’s ‘intrusion’ on industrial jurisdiction with consumer suit
Competition & Consumer Protection 2019-09-12 1:58 pm By Amelia Birnie

A judge has thrown out the NRMA’s consumer case against the maritime union over its Sydney fast ferry campaign, ruling that a verdict in favour of the motoring body would have brought the “the entire field of industrial relations within the operation of consumer legislation”.

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