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ABC demands details from Michelle Guthrie before mediation in unfair sacking case
Ashurst 2019-02-05 9:58 pm By Miklos Bolza Sydney

The ABC has called for a “clearer articulation” of former managing director Michelle Guthrie’s unfair sacking claims against the broadcaster ahead of court-ordered mediation.

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Ethicon loses bid for class closure order in pelvic mesh case
Class Actions 2019-02-05 9:35 pm By Cat Fredenburgh Melbourne

The judge overseeing a class action against Ethicon over allegedly faulty pelvic mesh implants has shot down the device maker’s bid for a class closure order.

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Pitcher Partners appeals $5.6M damages award over concealed accounting error
Alastair Vincent 2019-02-05 2:16 pm By Christine Caulfield Melbourne

Accounting firm Pitcher Partners will challenge a ruling that it owes a NSW bus operator $5.6 million in damages for fraudulently concealing a costly amortisation error.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Alec Leopold 2019-02-04 8:39 pm By Miklos Bolza Sydney

An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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Deloitte continues fight to keep Hastie files secret after claiming partner made off with them
Appeals 2019-02-04 7:56 pm By Christine Caulfield Melbourne

Deloitte is challenging a judge’s ruling that certain partners not be excused from an order to produce files of the accounting giant’s audit work for Hastie Group to shareholders in a class action over the construction company’s collapse, its latest move after a failed attempt to persuade the judge that a rogue partner had taken the only copies of the files and refused to give them back.

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Boutique firm Phi Finney McDonald ’eminently qualified’ to run BHP class action, experts say
Analysis 2019-02-01 11:19 pm By Christine Caulfield Melbourne

Class action experts have come to the defence of boutique law firm Phi Finney McDonald as heavyweight Maurice Blackburn appeals a judge’s ruling to choose the “less experienced” firm to lead a shareholder class action against BHP Billiton.

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Judge slams ‘extremely unhelpful’ Qantas defence in underpayment case
Ashurst 2019-02-01 11:17 pm By Miklos Bolza Sydney

A judge has taken Qantas to task over its defence in a Fair Work case brought by the Australian Licenced Aircraft Engineers Association union over alleged underpayments to LA-based mechanics, calling the document “extremely unhelpful”.  

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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Allens 2019-02-01 11:16 pm By Christine Caulfield Melbourne

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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Class fights to use settlement evidence in Ethicon pelvic mesh case
Class Actions 2019-02-01 11:00 pm By Miklos Bolza Sydney

A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker’s class closure application.

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Visa settles competition lawsuit over currency conversion ban
Arnold Bloch Leibler 2019-01-31 10:01 pm By Cat Fredenburgh Melbourne

Visa has resolved a lawsuit by a fintech founder alleging it misused its market power by banning the use of dynamic currency conversion services in several countries, including Australia and the US.

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