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Seqwater wins appeal in Queensland floods class action
Class Actions 2021-09-08 11:29 am By Christine Caulfield

Water supplier and dam operator Seqwater has won its high-stakes challenge to a ruling finding it liable for the 2011 Queensland floods and sticking it with half the damages owed to thousands of class action members.

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Appeals court to decide if Murray Darling Basin Authority can limit class action liability
Class Actions 2021-08-27 11:10 pm By Christine Caulfield

The Murray-Darling Basin Authority will soon make its case directly to an appeals court that it can rely on defences limiting its liability to farmers in a class action alleging negligent oversight of the river system, a question that could have implications for other climate change cases against government agencies.

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Appeals court paves way for $915M museum despite ‘irony’ of Willow Grove removal
Construction 2021-07-21 4:37 pm By Bianca Hrovat

A resident group’s last ditch attempt to prevent the NSW government from relocating a locally significant heritage building has been dismissed by the NSW Supreme Court of Appeal, paving the way for the development of a $915 million museum in Parramatta.

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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Courts 2021-04-29 5:02 pm By Christine Caulfield

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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Appeals court upholds minimal salary increases for public sector workers due to COVID-19
Employment 2021-04-26 6:05 pm By Cindy Cameronne

NSW public sector employees have lost their bid for a 2.5 per cent salary increase, with an appeals court upholding a decision which found the economy would be better served by public spending on infrastructure investment than public service salaries.

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With High Court leave, Arrium class action plaintiffs may get second chance to grill ex-director
Restructuring & Insolvency 2021-02-11 10:44 pm By Christine Caulfield

Two shareholders of failed Arrium Group have secured leave from the High Court to challenge a ruling that nixed their planned examination of a former director to bolster a class action over the collapse of the steel producer.

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Sparke Helmore off the hook as IOOF unit loses appeal of $76M judgment
Appeals 2021-02-05 6:34 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees failed to drag law firm Sparke Helmore into a case after it was hit with a $76.6 million judgment over breaches of duty in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group.

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Appeals court quashes guilty verdicts against former Leighton CFO Peter Gregg
Construction 2020-09-30 1:22 pm By Christine Caulfield

Former Leighton Holdings chief financial officer Peter Gregg has won his appeal of convictions last year over an alleged sham contract with a steel supplier, with an appeals court on Wednesday saying there had been a “substantial miscarriage of justice”.

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Arrium liquidators win fight over examination of director for potential class action
Restructuring & Insolvency 2020-07-30 4:59 pm By Miklos Bolza

Liquidators for collapsed steel and mining giant Arrium have successfully appealed a court ruling permitting the examination of a former director for a possible shareholder class action, with the Court of Appeal for the NSW Supreme Court finding the “private nature” of the claims was an abuse of process.

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‘An immediate conflict of interest’: Appeals court tosses opt out notices in AMP class action
Appeals 2020-06-04 3:57 pm By Miklos Bolza

An appeals court has vacated orders sending opt out and registration notices to shareholders in a class action against AMP after a successful challenge by the lead plaintiff in a competing class action that was stayed after a high-profile litigation beauty parade last year.

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