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Lawyers can advance potential new class action against Scenic Tours over disrupted European cruises
Class Actions 2019-09-27 8:20 pm By Amelia Birnie

Lawyers pursuing a class action against Scenic Tours on behalf of passengers whose European cruises were interrupted by severe flooding have been granted preliminary discovery as they weigh a second multi-million dollar class action against the company over cancellations caused by last year’s severe drought conditions.

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ACCC ‘contaminated’ key evidence in ANZ criminal cartel investigation, court hears
Competition & Consumer Protection 2019-09-27 8:18 pm By Miklos Bolza

An investigation by the Australian Competition and Consumer Commission has come under fire by the banks and directors targeted in a criminal case over alleged cartel conduct that claim the regulator “contaminated” key evidence and improperly used material supplied by ASIC.

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‘State of warfare’: Ashurst partner in legal deadlock with ex-judge neighbour in long-running Point Piper dispute
Corporate 2019-09-27 8:02 pm By Amelia Birnie

A judge has urged a partner at Big Six firm Ashurst not to “keep a fight going just because you can’t let it go”, after the lawyer tried to challenge a court ruling over a long-running building dispute with his neighbour, a former Family Court judge, in the exclusive Sydney suburb of Point Piper.

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United Petroleum faces court accused of evading Fair Work investigators
Employment 2019-09-27 2:37 pm By Christine Caulfield

United Petroleum has been hit with legal action by the Fair Work Ombudsman, which accuses the petrol retailer of failing to produce records as part of an investigation of workplace breaches.

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Coles’ $40M tax claim on evaporated fuel ‘artificial’, judge rules
Tax 2019-09-26 8:50 pm By Amelia Birnie

Supermarket giant Coles has lost an appeal over $40 million in tax credits it had claimed for fuel that evaporated or leaked from tanks at its service stations, after a judge described the supermarket giant’s argument as “artificial”.

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Sparke Helmore off the hook as court slams IOOF unit with $81M judgment over plantation sale
Restructuring & Insolvency 2019-09-26 2:50 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees has been hit with an $80.6 million judgment after breaching its duty as trustee in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group, and it can’t pass the liability on to Spark Helmore, despite the law firm’s inadequate advice.

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Landowners lose appeal over $56.5M payout for Westconnex project
Transportation & Infrastructure 2019-09-26 2:31 pm By Christine Caulfield

A group of Sydney commercial landlords whose properties were compulsorily acquired for the WestConnex project have lost an appeal seeking $56.5 million in compensation, after the Valuer-General offered them just over half that amount.

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‘Serious questions’ raised over conduct of lawyers, funder behind Banksia class action, judge says
Class Actions 2019-09-26 2:01 pm By Christine Caulfield

A judge overseeing a settled class action against failed Banksia Securities has rejected an application to limit a contradictor’s investigation of alleged professional misconduct on the part of the legal team and funder behind the case, saying he was satisfied there was a proper basis for the allegations.

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Israel Folau offered to apologise for homophobic rant, Rugby Australia tells court
Employment 2019-09-25 11:17 pm By Christine Caulfield

Former Wallabies star Israel Folau offered to make a public apology for a homophobic social media slur that got him fired, a court has been told.

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Farooq Khan’s Bentley Capital sues Keybridge in latest bid to oust Nicholas Bolton as CEO
Corporate 2019-09-25 10:14 pm By Christine Caulfield

Perth-based Farooq Khan has taken his bitter dispute with activist investor Nicholas Bolton to court, suing Keybridge Capital and two of its four directors ahead of a general shareholder meeting next month.

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