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Insurer Vero dragged into class action over combustible cladding
Class Actions 2023-07-20 11:13 pm By Gareth Baker

A judge has ruled insurer Vero can be added to a class action over allegedly combustible cladding, finding removal of the cladding could be considered “property damage” under the wording of an insurance contract with cladding manufacturer Fairview.

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Doctors class action won’t take precedence over union-backed cases
Class Actions 2023-07-19 11:41 pm By Cindy Cameronne

A union representing 54 junior doctors alleging they were systemically underpaid has defeated a bid by NSW Health to stay its case until the determination of a related class action on behalf of tens of thousands of medical officers. 

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Jury finds for AFP in childcare operators’ defamation case over press conference
Trials 2023-07-19 4:37 pm By Christine Caulfield

The operators of a childcare business have failed to persuade a jury that a press conference by the Australian Federal Police about an alleged multimillion dollar government benefit fraud was defamatory.

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Court not obliged to comply with policies NSW ‘dreams up’, class action judge says
Class Actions 2023-07-19 10:58 pm By Cindy Cameronne

A judge has warned the NSW government that the court does not make orders “subject to [its] internal policies” after the state failed to comply with orders to hand over documents in a class action over police strip searches.

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Ferroglobe accuses ASX company of using confidential IP after failed collaboration
Intellectual Property 2023-07-19 10:52 pm By Gareth Baker

Ferroglobe has claimed a Queensland technology company used its confidential information in new patent applications, as the global specialty metals producer races to protect its IP before the applications are published.

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Judge shuts down fight over class action evidence delay after solicitor’s death
Class Actions 2023-07-19 3:49 pm By Cindy Cameronne

A judge has allowed the applicants in a class action against a law firm extra time to file evidence after the death of the solicitor on record, despite protests from the firm, which is accused in the case of liability for the alleged fraud of a former employee.

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$6M suit over Latitude trampoline park share sale thrown out
Contracts 2023-07-18 5:21 pm By Gareth Baker

A Chinese businessman behind the Latitude indoor trampoline park chain has failed in a lawsuit against his Australian co-investor, after claiming a share sale agreement between the two was breached when his partner decided to sell the business to competitor Bounce. 

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Trial wipeout in lawyer’s fight with inventor behind surf machine patent
Intellectual Property 2023-07-18 11:38 pm By Cat Fredenburgh

An upcoming trial in a long-running legal stoush between a patent lawyer and the inventor of a energy efficient surf machine over the rights to the invention has been vacated after a judge found the company the rights were assigned to has not provided satisfactory discovery.

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Three years in, court coming to grips with group costs orders
Analysis 2023-07-17 10:10 pm By Sam Matthews

Three years on from their debut, group costs orders — which entitle law firms to a percentage of any recovery in class actions — have raised a host of novel issues that are keeping lawyers and the court busy.

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Zap Fitness founder forced to drop negligence suit against Pitcher Partners
Professional Negligence 2023-07-17 11:07 pm By Christine Caulfield

A court has issued an injunction forcing the discontinuance of a negligence suit against accounting firm Pitcher Partners by the former owner of Zap Fitness, a case found to be barred by the terms of a settlement.

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