Judges

The applicant in a class action against Optus over a 2022 data breach has flagged a fight over the telco giant’s bid to suppress the pleadings in the case, saying group members are entitled to know the case brought on their behalf.

Liquidators for defunct residential builder Modco have defeated a summary dismissal bid in a case over unfair preference payments but have been ordered to pay indemnity costs after 10 months passed without them taking a step in the proceeding.

Two University of Sydney academics accused of making anti-Semitic remarks following the 7 October 2023 attacks by Hamas have questioned proposed amendments to a discrimination case, including references to the Bondi massacre in December.

Sydney builder Next Constructions has accused a former employee and his wife of procuring $700,000 in secret profits by allegedly directing subcontractors to pay a company they controlled. 

The Commonwealth has hit back at a class action’s appeal over the government's 2011 live exports ban, denying that it lied to an Indonesian minister about the ban. 

The Commonwealth Bank has avoided a separate hearing over its cross-appeal in shareholder class actions that have reached the High Court.

Scenic Tours Australia has denied it provided services to international passengers, in a class action over a 2018 European cruise where river levels dropped so low they became impassable. 

The High Court has dismissed Sunshine Loans' second attempt to have a judge recuse himself from a penalty hearing in ASIC’s case against the payday lender, despite his criticism of a witness due to give further evidence.

A judge has warned barristers against taking an aggressive, confrontational approach to cross-examination, saying there is “very little to be gained” from such questioning.

The applicant in a class action against The Reject Shop told an appeals court Tuesday the case was always a representative proceeding despite a pleading mistake that left it empty of group members.