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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.
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.
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.
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.
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.
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.
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 slams ‘everything but the kitchen sink’ approach to Fair Work claims
A judge hearing a $2 million dispute between a former tenured professor and the University of New South Wales has lamented the lengthy pleadings filed in Fair Work cases, saying “everything but the kitchen sink seems to be thrown in, without any discrimination”.
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”.
Forum Finance director faces $300,000 legal bill, can’t mount defence, court told
A Forum Finance director is unable to file a defence against Westpac’s $400 million fraud case because his former solicitor has refused to hand over case files to his new lawyers until he pays a “remarkable” $300,000 legal bill, a court has heard.