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High Court asked to weigh in on Toyota class action over defective diesel filters
Product Liability 2023-04-28 4:48 pm By Christine Caulfield

Damages for reduction in value under the Australian Consumer Law are at the centre of competing special leave applications to the High Court filed by Toyota and the lead applicant in a class action over defective diesel filters.

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Anti-money laundering regime a ‘blunt instrument’ to apply to lawyers
Analysis 2023-04-24 2:42 pm By Cindy Cameronne

Reforms that would make lawyers subject to the anti-money laundering and counter terrorism financing regime have received mixed reviews from legal professionals, with one expert saying the regime was a “blunt instrument” and could put lawyers in an ill-suited policing role. 

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Restructuring & Insolvency 2023-04-19 1:29 pm By Sam Matthews

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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ACCC says it’s too late for regrets in BlueScope price-fixing case
Competition & Consumer Protection 2023-04-12 10:39 pm By Sam Matthews

BlueScope Steel spent $27 million defending the ACCC’s claims that it engaged in serious cartel conduct in relation to the supply of flat steel products in Australia, and its apologies came too late to warrant a penalty discount, a court has heard.

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Judge ‘horrified’ at ATO involvement in distributing superannuation class action settlements
Class Actions 2023-04-05 12:52 pm By Cindy Cameronne

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

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Star execs deny duty to ensure casino operator complied with law
Gaming 2023-03-30 5:08 pm By Sam Matthews

Eleven current and former Star Entertainment executives have refuted ASIC’s claims that they breached their duties in relation to the casino operator’s lax money laundering compliance, with all but two denying they had a duty to ensure the company complied with its legal obligations.

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Insurers score win in court battle over $695M Pacific Highway project
Insurance 2023-03-28 3:45 pm By Sam Matthews

The Full Court has found that a policy exclusion applies in a dispute between Acciona Infrastructure and Ferrovial Construction and three insurers over coverage for loss and damage caused by heavy rainfall during the construction of the $695 million Pacific Highway in northern New South Wales.

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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Class Actions 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Former ANZ unit says ASIC should ask bank for info in fees for no service case
Financial Services 2023-03-21 8:20 pm By Cindy Cameronne

A judge has rejected arguments by superannuation trustee OnePath Custodians that the corporate regulator must look to former parent company ANZ for evidence in its fees for no service case.

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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Intellectual Property 2023-03-15 3:08 pm By Christine Caulfield

The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.

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