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Class action against Suncorp unit wants opt out notice delayed till eve of trial
Automotive 2022-02-18 1:55 pm By Christine Caulfield Melbourne

The law firm behind a consumer class action against Suncorp subsidiary AAI over add-on car insurance says notices to group members should not be sent until the case is ready for trial and the “information asymmetry” is corrected.

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Judge finds ‘no immediate threat’ of harm in ASIC’s contempt case against Mayfair’s Mawhinney
Angel Aleksov 2022-02-18 4:19 pm By Bianca Hrovat Sydney

The Australian Securities and Investments Commission has lost an interim injunction bid against the director of investment firm Mayfair 101 in its case seeking a contempt finding, despite arguing there was a substantial risk of harm to consumers.

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Franchisees appeal $1.2M security order in Hog’s Breath Cafe class action
Class Actions 2022-02-18 10:00 pm By Christine Caulfield Melbourne

Franchisees of the Hog’s Breath Cafe restaurant chain are challenging a ruling that they hand over $1.23 million in security for the defence costs of the franchisor in their class action.

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Government loses evidence spat on eve of damages trial in Navy training class action
Class Actions 2022-02-18 7:29 pm By Sam Matthews Melbourne

The federal government has lost a bid to submit additional evidence ahead of an upcoming damages trial in a class action brought on behalf of 200 Navy marine technicians over a breached training contract. 

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Jones Day recruits leading energy partner from Clayton Utz
Business of Law 2022-02-18 1:40 pm By Bianca Hrovat Sydney

US law firm Jones Day has nabbed leading energy and natural resources partner Dan Howard from Clayton Utz after more than 26 years with the firm.

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Settlement in GetSwift shareholder class action off the table for now
Alan Shearer 2022-02-17 5:00 pm By Christine Caulfield Melbourne

A settlement in a shareholder class action against GetSwift has collapsed as the logistics company seeks to secure financing to keep it afloat and pay the final portion of the deal’s $1.5 million cash component.

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Viterra to pay $168.9M for misleading Cargill during Joe White sale
Agriculture 2022-02-17 2:05 pm By Cat Fredenburgh Melbourne

Grain producer Viterra will be ordered to pay Cargill Australia $168.9 million after a judge found the Glencore-owned company  misrepresented the performance capabilities of malt producer Joe White when it sold the company for $420 million in 2013.

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Aware Finance cops $20M penalty in ASIC fees for no service action
Allens 2022-02-17 9:04 pm By Sam Matthews Melbourne

Aware Finance, formerly StatePlus, has been fined $20 million for charging over 25,000 customers approximately $50 million for services they did not receive. 

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ACCC faces tough questions in appeal of NSW Ports competition case
ACCC 2022-02-17 2:15 pm By Christine Caulfield Melbourne

An appeals court grilled counsel for the ACCC on the first day of a hearing challenging the dismissal of its case over a NSW government deal to privatise two ports, calling on the lawyer to spell out how the state was alleged to be in competition with the consortium that took over the ports.

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Insurer has second crack at dodging doctor’s class action defence costs
Appeals 2022-02-17 9:32 pm By Bianca Hrovat Sydney

Avant Insurance has challenged a Federal Court judge’s interpretation of the Insurance Contracts Act in its second attempt to avoid liability for the defence costs of a plastic surgeon named in a class action brought over botched breast augmentations.

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