Competition & Consumer Protection
Mastercard doc privileged despite ‘inadvertent’ disclosure during Baker McKenzie review
A judge has found that Mastercard can maintain legal professional privilege over a document that was inadvertently sent to the ACCC in 2020 after lawyers at Baker McKenzie had to review 100,000 documents in less than two months.
Energy & Natural Resources
Clough appeals stay of $54M cross-claim in EnergyConnect spat with Elecnor
Engineering firm Clough Projects Australia is challenging a judge's order staying its $54 million cross-claim against former Energy Connection joint venture partner Elecnor.
Employment
Trainee doctors not entitled to allowance, NSW court says in loss for union
A NSW Industrial Court judge has dismissed a case on behalf of junior doctors seeking a 10 per cent allowance for temporary employees, saying while the doctors were on fixed-term contracts they were permanent employees.
Transportation & Infrastructure
Court finds Uber did not conspire to take out TaxiApps
TaxiApps, the operator of the GoCatch rideshare app, has failed to prove that Uber engaged in an unlawful conspiracy, despite a judge finding the rideshare giant intended to harm the defunct taxi app and "surreptitiously" obtained a confidential driver list.
Insurance
White Oak claims privilege in Greensill case over email repeating Ashurst advice
Lender White Oak has argued it can shield an email that repeats legal advice from Ashurst that was accidentally disclosed to insurers Bond & Credit Company and Tokio Marine, which it has sued over the collapse of supply chain finance company Greensill.
Competition & Consumer Protection
Coles, Woolworths class actions ‘put to sleep’ until ACCC trial
A judge will hit pause on two class actions against Coles and Woolworths over allegedly illusory discounts after hearing a bid to bind group members to the findings in related proceedings by the ACCC.
ASIC
Antony Catalano spared from giving evidence about Keybridge deal
Billionaire media mogul Antony Catalano will not be required to provide evidence about a deal between Keybridge Capital and Magellan Financial Group after claiming it could put him at risk of incriminating himself as the Australian Securities and Investments Commission probes the transaction.
Intellectual Property
Court rejects ‘entirely unwarranted’ attack on Allens solicitors in fight over lift IP
A court has dismissed a lift supplier’s appeal of a decision rejecting its claim of breach of confidence against a rival, including an “entirely unwarranted” attack on solicitors at Allens over the use of documents obtained by “internet-savvy” search techniques.
Competition & Consumer Protection
ALS waived privilege over parts of McGrathNicol report in coal testing spat: court
Testing lab ALS Limited has partially lost its bid to shield a forensic investigation by McGrathNicol in relation to claims of exaggerated coal testing results, with a judge finding it sought to use the findings to dissuade regulators and others from bringing claims.
Class Actions
Supersized? Judge wants to know value of McDonald’s class action claims
A judge overseeing a class action on behalf of 300,000 allegedly underpaid McDonald’s workers wants to know the monetary value of the claims, while also questioning why the initial trial in the complex case is set to run for 35 days.
