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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
Australian Government Solicitor 2021-08-20 5:31 pm By Miklos Bolza Sydney

With mediation failing to resolve an expansive class action against the federal government over its use of allegedly toxic firefighting foam, a judge has charted a plan to avoid a “Brobdingnagian” trial and efficiently determine the claims of group members around eight military bases across Australia.

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Apple says Epic Games case should be stayed in light of ‘imminent’ US judgment
Chester Brown 2021-08-20 3:50 pm By Cat Fredenburgh Melbourne

Apple has told a judge a high-stakes competition lawsuit by Fornite game maker Epic Games should be temporarily stayed in light of a special leave application lodged with the High Court and an ‘imminent’ judgment from a US court.

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Apple asks High Court to undo ‘radical’ Epic Games decision
ACCC 2021-08-10 3:10 pm By Cat Fredenburgh Melbourne

The Full Federal Court took a “radical” and unorthodox approach with far-reaching consequences by keeping Apple’s competition dispute with Fortnite game maker Epic Games in Australia, the Silicon Valley giant has told the High Court.

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Government challenges ‘incoherent’ duty of care in climate change class action appeal
Appeals 2021-07-20 4:44 pm By Miklos Bolza Sydney

The Commonwealth says a landmark ruling in a class action that found it has a duty of care to protect Australian children from the effects of global warming is “incoherent” and distorts its ability to balance competing interests.

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Settlement reached in Takata airbags class actions
Allens 2021-07-13 11:55 pm By Cat Fredenburgh Melbourne

Six of the world’s largest car makers have agreed to settle class actions accusing them of selling cars with deadly Takata airbags.

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Apple will take fight with Epic Games to the High Court
ACCC 2021-07-09 9:53 am By Cat Fredenburgh Melbourne

Apple plans to appeal the Full Federal Court’s decision that Epic Games’ misuse of market power lawsuit over it App Store terms should be heard in Australia because the case raises issues of “fundamental public interest”.

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Judge keeps climate change class action alive, as duty to children enshrined in law
Ashurst 2021-07-08 1:20 pm By Miklos Bolza Sydney

The federal Minister for the Environment has lost a bid to declass a class action brought over climate change risks from an expansion of the Whitehaven coal mine, with a judge making a declaration that the government owes a duty to all Australian children to protect them from global warming.

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Payday lender Cigno loses bid to overturn ASIC’s short-term credit lending ban
Appeals 2021-06-29 10:35 pm By Cindy Cameronne Sydney

Payday lender Cigno has lost its appeal of a ruling which upheld ASIC’s first product intervention order banning the use of short-term lending models with “excessive” fees.

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Judge tosses plaintiff’s case in first Takata airbags class action to face trial
Automotive 2021-06-18 11:38 pm By Christine Caulfield Melbourne

In a major defeat that could affect the fate of six other cases lined up behind it, a judge has dismissed the lead plaintiff’s claims in a class action against Volkswagen over deadly Takata airbags.

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Full Court warned sending Epic Games lawsuit against Apple to California would have ‘chilling effect’
ACCC 2021-06-09 4:41 pm By Miklos Bolza Sydney

Video game developer Epic Games has asked the Full Federal Court to overturn an “illogical” decision sending its competition lawsuit against Apple to California, saying the move would have a “chilling effect” on the enforcement of Australia’s competition laws.

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