Judges

An appeals court has knocked back a constitutional challenge by the developers of a $38 million residential development seeking to set aside an adjudication determination on the basis that the Victorian SOP Act conflicts with the Australian Consumer Law. 

An underpayments class action against Kmart on behalf of salaried managers will go back to the drawing board after a judge said the statement of claim was “bereft of detail”.

Preventing a DOCA for the Milligan-owned developer of the troubled $1.8 billion Halo Tower skyscraper in Sydney could cause $100 million in losses and jeopardise a sale to Cbus set to settle in July, a court has heard.

A new $16 million day hospital built below a Fitness Cartel in Perth's Osborne Park has succeeded in maintaining an injunction against the gym, granted after the hospital reported that constant noise and vibrations were disrupting medical procedures.

A judge overseeing ASIC’s case against the ASX over its CHESS replacement plan will allow remote evidence by the US-based director of a New York tech company, who allegedly gave the exchange an assurance about the project's timeline.

The Supreme Court of Victoria has agreed to transfer a case against the former CEO of ASX-listed software company Dubber and its solicitor to the Federal Court, to be heard alongside a case against auditor BDO and civil penalty proceedings by ASIC.

A judge has raised concerns that a common question posed by a class action challenging the Victorian government’s imposition of surcharges on foreign citizens is framed for direct referral to the Full Federal Court. 

NSW Police has argued the lead plaintiff in a class action over strip searches at music festivals should only receive $33,000 in damages rather than $93,000 and is challenging a finding that the strip searches were done “as a matter of routine”.

The trial judge in enforcement action against Mastercard had harsh words Thursday about the company's witnesses, including a top executive whose testimony he said was "most unsatisfactory and unimpressive".

A class action against Optus over a 2022 data breach that affected 10 million customers has won leave to intervene in parallel cases by the media authority and information commissioner.