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Westpac defeats ASIC home loan case
Westpac has defeated a responsible lending case brought by the Australian Securities and Investments Commission in relation to almost 262,000 home loans, with the Federal Court finding the corporate regulator misinterpreted the operation of national lending laws.
Garuda reveals debts of $480M, but can’t dodge $19M cartel fine yet
Indonesian airline Garuda has failed in its bid to stay a $19 million penalty for its role in a fuel surcharge cartel after telling the Federal Court it has debts of $480 million, with a judge saying he would be allowing the company to trade while insolvent if he granted the stay.
Full Court docket stacked with class action appeals
The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.
‘Sigh’: Judge inadvertently sends email to applicant, and reveals he’s human
A Federal Court judge has admitted he insulted an applicant in a case against the Commonwealth when he inadvertently sent her an email meant for his associate, in which he sarcastically used the word "sigh" in response to the applicant advising the court of her hospitalisation.
Iluka threatens class action dismissal bid amid ongoing funding concerns
Mineral sands producer Iluka Resources is threatening a dismissal bid in a shareholder class action it has spent $2 million fighting over the past year, amid concerns proposed security could be inadequate and the applicant has still to finalise an agreement with a litigation funder.
More than a ‘scintilla of inventiveness’: Motorola defends source code as Hytera trial kicks off
Patents at the centre of a high stakes IP dispute between tech giants Motorola and Hytera have significantly more than the necessary “scintilla of inventiveness” to be deemed valid, Motorola said on the first day of a month-long trial.
CEO taken to court for allegedly paying nanny $2.33 an hour
The CEO of a property development company faces enforcement action by the Fair Work Ombudsman for allegedly paying his nanny $2.33 an hour for over 100 hours of work a week.
Garuda may face contempt motion for ‘unthinkable’ failure to pay $19M cartel fine
Indonesian national airline Garuda faces a possible contempt motion by the competition regulator for failing to pay a $19 million court-issued fine after it was found guilty of air cargo price-fixing, a failure a judge called "almost unthinkable".
Judge grants costs for anti-suit injunction after Ford class action ‘misadventure’
The Federal Court has granted auto giant Ford's request for the costs of an anti-suit injunction it sought in the PowerShift transmission class action that was ultimately unnecessary after the class was denied its bid to access discovery from similar proceedings in the United States.
Malaysia Airlines settles class action by Australian MH17 families
Malaysia Airlines has reached a settlement with five Australian families whose loved ones were killed when flight MH17 was shot down over eastern Ukraine by a Russian missile five years ago.