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A judge has found that a clause in Apple’s agreement with developers requires that Fortnite game developer Epic Games litigate a closely watched competition lawsuit against the tech giant on its home turf.
Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
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Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.
Judge nips Advanta Seeds class action in the bud, finds no duty of care owed
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Advanta Seeds has defeated a class action brought over contaminated seeds, with a court finding the Australian seed supplier did not owe a duty of care to irate farmers who allegedly suffered loss and damage from the decreased value of their sorghum crops sowed in the 2010/2011 summer season.
HWL Ebsworth advice to Quay Eyewear protected by privilege, judge rules
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A director of sunglasses company Quay Eyewear has lost her bid to access HWL Ebsworth’s advice to the company given during legal proceedings which accused her of tortious interference, breach of directors’ duties and intellectual property violations.
Law firm drops opt out clause from funding agreement in Boral class action
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Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.
‘Significant allegations’: ASIC ordered to flesh out case against REST
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A judge has ordered ASIC to flesh out its case accusing the Retail Employees Superannuation of misleading members about their ability to move their super out of the REST Trust, given the “significant” allegations that a deliberate system was behind the superannuation trustee’s alleged misconduct.
Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
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A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.
Tucker & Cowen didn’t enter binding settlement with client in negligence case, court finds
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A court has rejected claims by a former client of Tucker & Cowen that the law firm entered into a binding settlement of $150,000 to resolve a negligence and breach of contract lawsuit over legal costs incurred in a protracted spat over a Nigerian telecoms company.
Daily Mail can’t grill Erin Molan about Footy Show incident ahead of defamation trial
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The judge overseeing sports presenter Erin Molan’s defamation case against the Daily Mail won’t force Molan to be questioned ahead of trail about a segment on Nine’s The Footy Show in which she laughed at an off-colour joke, saying the publisher was “fishing”.
Bechtel challenges ATO decision that staff travel to Curtis Island LNG site not deductible
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A long standing stoush over staff expenses between Bechtel and the Australian Taxation Office has made its way to the Federal Court, with the engineering and construction firm challenging a decision that funds spent flying workers out to the Curtis Island LNG site were not tax deductible.