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Shipping exec who felt pressured to retire wins $230,000 judgment
Employment 2023-05-04 11:22 pm By Cat Fredenburgh

A former chief accountant for MUR Shipping who claims he was pressured to retire has won an appeal in his age discrimination case, bumping his damages award up from $20,000 to around $230,000.

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Construction 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Hotel quarantine class action survives second shutdown bid by Victorian government
Class Actions 2023-05-02 10:40 am By Sam Matthews

The state of Victoria has lost its appeal bid to stay a class action brought over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health.

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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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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Intellectual Property 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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Allianz to appeal ruling over indemnity for historic sex abuse claims
Insurance 2023-04-27 10:06 pm By Cindy Cameronne

Allianz has flagged it will appeal a ruling that found it must indemnify the Uniting Church for historic claims of sexual abuse that allegedly occurred up to four decades ago at the exclusive Sydney boys’ private school Knox Grammar.

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‘You could get a law degree in the time spent on this case’: Barrister’s fee overrun in spotlight
Business of Law 2023-04-24 11:20 pm By Christine Caulfield

A barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees was at the centre of an appeals court hearing Monday, and the dispute mirrors another battle between the practitioner and his instructing solicitor involving a cost blowout of a quarter of a million dollars.

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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
High Court 2023-04-24 10:55 pm By Cindy Cameronne

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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High Court grants special leave to Dick Smith execs
High Court 2023-04-21 11:57 pm By Cat Fredenburgh

The High Court has agreed to hear the appeals of two former Dick Smith exes following judgments that awarded a total of $55 million in damages to NAB and the receivers of the defunct electronics retailer.

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