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$44.5M Woolworths class action settlement OKd but firm’s fees yet to be approved
Class Actions 2022-08-05 11:45 pm By Christine Caulfield

A judge has signed off on a $44.5 million settlement of a shareholder class action against Woolworths, which includes a $4.73 million funding commission, but the amount of fees to be paid to the law firm running the case remains to be decided.

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No secret lawyers brought on for privilege ‘shield’, says judge in Pacific National crash doc stoush
Transportation & Infrastructure 2022-08-05 11:50 pm By Sam Matthews

A judge has ordered Pacific National to hand over safety management system documents in a privilege fight over a deadly 2019 train crash, observing large organisations often bring on lawyers for a privilege “shield”.

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EY settlement in class action over Slater & Gordon audits approved
Securities 2022-08-05 2:05 pm By Cindy Cameronne

A judge has blessed Ernst & Young’s settlement with shareholders in a class action alleging the firm, along with Pitcher Partners, approved an overly rosy year-end financial report related to Slater & Gordon’s disastrous $1.2 billion acquisition of UK business Quindell.

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Indonesian farmers fight PTTEP’s bid to shut out 15,000 damages claims in class action
Class Actions 2022-08-05 12:20 am By Cindy Cameronne

Oil exploration company PTTEP has argued 15,000 Indonesian seaweed farmers who brought a class action alleging their crops were damaged after an oil spill in the Timor Sea will need to individually persuade the court to allow their claims out of time.

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Judge accepts Linchpin directors’ penalty privilege claims in class action
Class Actions 2022-08-04 2:43 pm By Cindy Cameronne

A judge has allowed four ex-Linchpin directors facing possible fines by ASIC to put off filing evidence or amended defences in an investor class action after they claimed it would put them at risk of penalty in the corporate regulator’s proceedings.

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Citing ‘leisurewear effect’, judge says Brambles class action witness should testify in person
Class Actions 2022-08-03 1:52 pm By Sam Matthews

A judge has rejected a bid by chain logistics company Brambles to allow two of its US-based witnesses to appear remotely at an upcoming trial in a shareholder class action, saying the executives should make the trip or give no evidence.

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Mercedes bullied car dealers, called them ‘baby piglets’, court told
Trials 2022-08-03 11:40 pm By Cindy Cameronne

Officials at the Mercedes-Benz Australia head office referred to car dealers as “baby piglets” in internal communications and threatened and bullied the retailers, a trial court has been told in a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model.

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Judge blasts ‘horrendously inefficient’ fight in developer’s lawsuit against Zurich
Insurance 2022-08-03 1:22 pm By Cindy Cameronne

A judge has given a “judicial harrumph” to Sydney developer FKP Commercial Developments and Irish insurer Zurich Insurance in a dispute over coverage for an apartment defects suit, saying it was not for the court to “trawl” through an insurance policy to work out its meaning. 

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A ‘futile exercise’: Palmer, McGowan win chump change in costly defamation battle
Defamation 2022-08-02 2:44 pm By Sam Matthews

A court has awarded Western Australia premier Mark McGowan and mining billionaire Clive Palmer paltry sums in their defamation battle, with a judge finding that Palmer suffered “very little damage” to his reputation.

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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Competition & Consumer Protection 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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