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Citing ‘leisurewear effect’, judge says Brambles class action witness should testify in person
Allens 2022-08-03 1:52 pm By Sam Matthews Melbourne

A judge has rejected a bid by chain logistics company Brambles to allow two of its US-based witnesses to appear remotely at an upcoming trial in a shareholder class action, saying the executives should make the trip or give no evidence.

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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Anna Garsia 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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ASIC says judge should not wait on High Court in case against payday lenders
Adam Pomerenke 2022-07-29 11:18 pm By Christine Caulfield

The corporate regulator will challenge a bid by payday lenders Cigno and BHF to stay its case pending their appeal to the High Court.

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Corrs client appeals finding that firm overstepped in preparing expert report
Appeals 2022-07-27 11:50 pm By Cindy Cameronne Sydney

A client of Corrs Chambers Westgarth has filed an appeal after a judge found the firm went “far beyond the permissible scope” of involvement in an expert report prepared for a trade secrets case.

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Full Court decision could ensnare buy now, pay later schemes, High Court told
Adam Pomerenke 2022-07-27 11:37 pm By Sam Matthews Melbourne

Payday lenders Cigno and BHF have filed High Court challenges to a judgment which found they could not bypass lender obligations contained in the Credit Code, warning the judgment could subject buy now, pay later schemes to the Code.

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HarperCollins wants High Court to reawaken deep sleep defamation case
Anais d'Arville 2022-07-27 1:41 pm By Cindy Cameronne Sydney

Publisher HarperCollins has filed a special leave application with the High Court seeking to challenge a decision that revived a defamation case by a psychiatrist over a book covering the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s.

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Kupang Resources takes battle for director’s tax docs to High Court
Appeals 2022-07-22 2:26 pm By Christine Caulfield

Mining company Kupang Resources has asked the High Court to weigh in on its bid for tax office documents as it litigates to recoup millions of dollars allegedly embezzled by the company’s former shadow director.

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Uber appeals ‘overbroad’ ruling in fight over privileged documents
Alexia Staker 2022-07-18 5:03 pm By Sam Matthews Melbourne

Uber is challenging a ruling that found many email exchanges with its lawyers were made in furtherance of offences and were not protected by legal professional privilege, saying it would be forced to hand over to a class action “bog standard” legal advice.

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Lawyer who acted for both sides in employment case loses appeal of misconduct finding
Appeals 2022-07-14 2:37 pm By Sam Matthews Melbourne

A court has rejected an appeal by a lawyer who acted for both sides in an employment dispute between a company and its former managing director and advised the director to “take and park” over $370,000 from the company account as leverage.

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Ex-Norton Rose manager appeals loss in bullying case
Appeals 2022-07-08 11:05 pm By Cat Fredenburgh Melbourne

A former Norton Rose Fulbright digital marketing manager is trying to revive her allegations that the firm fired her after she complained of bullying and sex discrimination by her supervisor.

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