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Judge wrong to shut down MySuper class action, appeals court hears
A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.
Objection to barrister’s eye rolling during BlueScope cross-exam shot down
A judge hearing a price-fixing case against steel giant BlueScope has overruled an objection to the ACCCs barrister's allegedly excessive "eye-rolling" and "scathing and sarcastic" manner during a cross-examination in which the company's general manager was accused of lying under oath.
Joint privilege ruling to have implications for class actions against super trustees
An interlocutory decision in a class action against superannuation trustee Colonial First State Investments may have significant implications for how cases against super fund trustees are litigated in the future, says Slater & Gordon’s Jessica Zarkovic and Joel Gilbourd.
Funder’s critical intervention in liquidator’s case leaves it on hook for costs
A judge has issued a stern warning to litigation funders seeking to take a “gamble” on pending court proceedings, ruling they could be held liable for costs if their intervention proves critical to the advancement of the case.
Junior doctor behind class action can’t seek compensation for group members, court told
NSW Health wants to amend its defence to an underpayments class action on behalf of 24,000 junior doctors, bringing claims that the lead applicant is barred from seeking compensation for group members under industrial relations law.
In COVID-19 vaccination cases, judge quashes subpoena ‘stunt’ for info behind Berejiklian TV remarks
A judge has set aside a subpoena that allegedly sought to “embarrass the New South Wales government”, in lawsuits contesting compulsory COVID-19 vaccination orders made by state health minister Brad Hazzard.
Latest patent ruling rejecting AI inventorship puts Federal Court in minority
The Federal Court's decision that artificial intelligence can be listed on a patent application as the inventor has become an outlier, as the UK joins the US in rejecting what has become an international battle to claim AI inventorship.
Media outlets win reprieve from ban on filming lockdown protests
Nine Network, Seven Network and the Australian Broadcasting Corporation have won a temporary injunction barring the Civil Aviation Safety Authority from declaring the area above the Melbourne CBD to be a restricted area in response to anti-lockdown and anti-vaccine protests that have disrupted the city.
MIS regime to vex class action judges, experts say
New requirements that funded class actions be run as managed investment schemes will throw up myriad new questions for the courts, with lawyers predicting novel challenges by defendants and group members and an altered landscape for competing class actions.
Judge to hear second group costs order bid in G8 shareholder class action
A Victoria Supreme Court judge will hear the second ever application for a group costs order in a shareholder class action against G8 Education, saying she hoped to deal with the bid in a “straightforward way”.