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The New South Wales Supreme Court has ordered law firm Gerard Malouf and Partners Lawyers to produce a former client's file. GMP Lawyers had resisted production of the file on the basis that it was entitled to a lien over the file as satisfactory security for costs. However, the Court found that...
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The Federal Court has granted a stay of execution of a judgment awarding Graeme Peterson $287,000 in a trade practices claim related to injuries suffered after taking Vioxx. Merck had sought the stay of execution pending the determination of its appeal. The stay was conditional upon Merck Sharpe &...
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The Family Court has released its reasons for dismissing a wife's claim for an interim property settlement of $24 million, spousal maintenance of $278,000 per month and a departure from a child support assessment. The Court considered it inappropriate to make such orders on an interim basis pending...
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The Federal Court has set aside decisions by the Superannuation Complaints Tribunal and its director determining that the Tribunal had no jurisdiction to hear a complaint on grounds the complaint related to the management of a fund as a whole. The Tribunal refused a woman's request to access documents...
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The Victorian Supreme Court has ordered the destruction of fake art works falsely attributed to Charles Blackman and Robert Dickerson. The art works bore the signatures of the artists. It was found that gallery proprietor Peter Gant's valuation of the art works amounted to misleading and deceptive...
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The Gold Coast Titans have successfully challenged payment claims made by construction company Simcorp, who had been contracted to build a multi-story building for the Titans next to their stadium on the Gold Coast. The Queensland Supreme Court declared Simcorp's payment claim was invalid and granted...
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The New South Wales Court of Appeal has stayed a defamation appeal brought by alleged war criminal Daniel Snedden (aka Dragan Vasiljkovic) against Nationwide News. The court drew an inference that Snedden was deliberately evading lawful custody and in breach of High Court orders to advise authorities...
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Brisbane Lions Football Club has been unsuccessful in obtaining security for costs from Fitzroy Football Club for proceedings where Fitzroy sought to enforce a term of the clubs' merger agreement that required the Lions to use the Fitzroy logo. In dismissing the application Mukhtar AsJ said the application...
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The Western Australian Supreme Court has released its decisions in allowing barrister Lloyd Rayney's amended writ of summons in defamation proceedings to stand the amended writ of summons. Mr Rayney has alleged that a statement by a police officer gave rise to imputations to the effect that Mr Rayney...
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The Federal Court has granted leave to toy wholesaler Funtastic to serve Hong Kong-based toy manufacturer MGA Entertainment a notice of motion and for its hearing to proceed ex parte in the absence of MGA Entertainment over a distribution agreement dispute involving US toy company' Mattel's popular...
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The New South Wales Court of Appeal has dismissed an appeal by defunct airline East-West Airlines against a flight attendant who inhaled smoke in an aircraft cabin 18 years ago. The New South Wales Dust Diseases Tribunal had previously awarded the flight attendant $139,000 in a world-first negligence...
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The Queensland Court of Appeal has refused an application by a North Queensland couple for orders preventing the RSPCA from parting with a number of confiscated animals. The couple had previously pleaded guilty to charges brought under the (QLD) Animal Care and Protection Act 2001. [2010] QCA 075 - 30...
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The Court of Appeal of New South Wales has found that the constitutional invalidity of (NSW) Criminal Assets Recovery Act 1990 s 10 as determined by the High Court did not have the effect of setting aside consent orders made against International Finance Trust, the beneficial owners of various bank and...
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The Supreme Court of Victoria Court of Appeal has overturned a decision barring the Australian Securities and Investments Commission (ASIC) from bringing a second civil penalty case against former AWB CEO Andrew Lindberg over his involvement in the Iraqi kickbacks scandal. It was found that there was...
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The Supreme Court of Victoria has stayed as an abuse of process the Australian Securities and Investments Commission's proceedings against former AWB chief Andrew Lindberg. ASIC commenced proceedings against Lindberg for breach of duty by payment of alleged bribes to the former Government of Iraq...
