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Unfunded class action by Sydney townhouse owners dodges security for costs
Class Actions 2023-11-16 11:46 pm By Christine Caulfield

A judge overseeing a class action by the owners of lots in a townhouse development in the Sydney suburb of Alexandria has rejected an application for security for costs, noting the case has been brought by individuals who stand to lose their properties if they fail to pay costs.

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ASIC can’t temporarily block payday lenders from charging fees
Financial Services 2023-11-16 9:54 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has lost its bid to temporarily restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 7,000 customers, with a judge finding an injunction could destroy their businesses.

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Qantas found guilty of COVID-19 workplace safety breach
Employment 2023-11-16 11:23 am By Cat Fredenburgh

Qantas has been found guilty of a safety violation for standing down a worker who raised concerns about unsafe work conditions during the early days of the coronavirus pandemic.

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‘You’ve got to learn to take yes for an answer’: Judge not inclined to seek Full Court’s view on solicitors CFO
Class Actions 2023-11-15 11:20 pm By Cat Fredenburgh

The judge overseeing a class action against collapsed investment manager Blue Sky has said he would not be inclined to seek clarity from the Full Court on whether the court has the power to make a solicitors common fund order unless one of the defendants raised a challenge.

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Atanaskovic Hartnell accuses judge of ‘complete failure’ to discharge duty
Appeals 2023-11-15 11:31 pm By Christine Caulfield

The judge who awarded more than $320,000 to a former general manager of Atanaskovic Hartnell after finding she endured a “campaign of denigration” by the law firm’s founder fundamentally failed to discharge his judicial function, an appeals court has heard.

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Judicial immunity law passes in wake of ruling against Judge Vasta
Courts 2023-11-15 1:18 pm By Cat Fredenburgh

Federal parliament has passed legislation extending judicial immunity to judges on the Federal Circuit and Family Court, after a judge on the court was held personally liable for the false imprisonment of a Queensland man.

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Santos barred from Barossa Gas pipeline works near Tiwi Islands
Environment 2023-11-15 11:42 pm By Christine Caulfield

Energy company Santos can begin construction of a pipeline for its $5.6 billion Barossa Gas project but has been barred from any work within 70km of the Tiwi Islands.

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Gilbert + Tobin seals the deal to lead Jaguar class action
Class Actions 2023-11-15 10:43 pm By Cat Fredenburgh

Gilbert + Tobin and the funder backing a class action against Jaguar Land Rover over allegedly defective diesel filters have given an undertaking that they won’t seek more than 25 per cent of any settlement or judgment, sealing the deal to run the case after triumphing in a carriage contest.

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No-cost bill to remove ‘significant barrier’ to sexual harassment lawsuits, AG says
Employment 2023-11-15 11:52 pm By Christine Caulfield

The Albanese government on Wednesday introduced legislation that would protect sexual harassment claimants from adverse costs orders in litigation, the latest step in its commitment to implementing the recommendations of a landmark report.

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Ford scores partial win in class action appeal over defective PowerShift transmissions
Class Actions 2023-11-14 1:41 pm By Cat Fredenburgh

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

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