COSTS (LAW) – AUSTRALIA

Nine to pay costs in Aston ruling

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Original article by Cameron England
The Australian – Page: 3 : 9-Feb-21

The Federal Court has awarded indemnity costs to Elaine Stead in her defamation case against newspaper columnist Joe Aston. The indemnity costs will be backdated to 22 April, when Nine Entertainment Company rejected Stead’s offer to settle the case for $190,000. Stead was recently awarded ordinary and aggravated damages totalling $280,000 over several articles that were published in the ‘Australian Financial Review’. Nine could potentially face a total bill of more than $2.5m arising from the defamation case.

CORPORATES
NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC,FEDERAL COURT OF AUSTRALIA

IR class action costs ruling appealed

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 10 : 18-Nov-19

UK-based litigation funder Augusta Ventures will appeal a court ruling that it must pay security of costs up-front in a wage theft class action. The case centres on allegations that BHP and labour hire firms underpaid casual workers at the Mount Arthur coal mine. Australian Industry Group CEO Innes Willox warns that there is the potential for workers to receive nothing from a class action payout once a litigation funder has received its share. He has called for the sector to be subject to the same regulation as financial services providers.

CORPORATES
AUGUSTA VENTURES, BHP GROUP LIMITED – ASX BHP, THE AUSTRALIAN INDUSTRY GROUP, ADERO LAW

Costs blow strikes Fair Work funders

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Original article by Ewin Hannan
The Australian – Page: 6 : 9-Oct-19

Australian Industry Group CEO Innes Willox has welcomed the Federal Court’s ruling that litigation funder August Ventures should provide security for employers’ costs in a class action over alleged breaches of workplace laws. Willox hopes the ruling will make Fair Work class actions less attractive to litigation funders, while he has called for such businesses to be subject to greater regulation. There are currently 11 class actions before the Federal Court involving ­alleged breaches of the Fair Work Act.

CORPORATES
FEDERAL COURT OF AUSTRALIA, THE AUSTRALIAN INDUSTRY GROUP, AUGUST VENTURES, ADERO LAW, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, WORKPAC PTY LTD

CFMEU slapped with $65m in penalties

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Original article by Ewin Hannan
The Australian – Page: 4 : 24-Jul-19

The federal government has released data showing that the Construction, Forestry, Mining, Maritime & ­Energy Union has incurred about $65m worth of legal costs and court fines for breaching workplace laws since 2004. This includes court penalties totalling $28.6m in Victoria, with the bulk of these penalties having been incurred in cases involving controversial state secretary John Setka. The government’s Ensuring Integrity Bill will be put before the lower house on 24 July, and is aimed at making it easier to deregister unions and other registered organisations.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN LABOR PARTY, ELECTRICAL TRADES UNION, ACTU, AUSTRALIA. ATTORNEY-GENERAL’S DEPT

Taxpayers slugged for failed union action

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Original article by Ewin Hannan
The Australian – Page: 5 : 6-Jun-18

The Australian Building & Construction Commission has spent more than $A44,000 in a failed bid to overturn a court’s decision to dismiss a case against the militant Construction, Forestry, Maritime & Mining Energy Union. The ABCC’s legal costs in the original case had exceeded $A666,000. The case had concerned a blockade at a construction site in Canberra, with the ABCC contending that the industrial action was aimed at forcing the builder to sign an enterprise agreement.

CORPORATES
AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, AUSTRALIA. REGISTERED ORGANISATIONS COMMISSION

Wilson confident she can defeat Bauer Media appeal over payout

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Original article by Broede Carmody
The Age – Page: 5 : 20-Apr-18

Bauer Media is challenging the size of its payout to actress Rebel Wilson after a Victorian jury found in 2017 that it had defamed her. Justice John Dixon awarded Wilson damages of $A4.5 million, which Bauer is now contesting in the Court of Appeal. Media is not challenging the judgment, but only the amount, which it claims is "manifestly excessive". It is also contesting Justice Dixon’s finding that Wilson should be compensated for roles she claims to have missed out on because of its actions, claiming that there was insufficient evidence on this issue.

CORPORATES
BAUER MEDIA AUSTRALIA PTY LTD, COURT OF APPEAL (VICTORIA), FAIRFAX MEDIA LIMITED – ASX FXJ, NEWS CORPORATION – ASX NWS, SEVEN WEST MEDIA LIMITED – ASX SWM, AUSTRALIAN BROADCASTING CORPORATION

Wilson, Bauer quibble over costs

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Original article by Adam Cooper
The Sydney Morning Herald – Page: 16 : 9-Mar-18

The Supreme Court of Victoria has been told that a cost consultant has estimated that Bauer Media should be liable for about $A1.12m of the legal costs incurred by Hollywood star Rebel Wilson in a lengthy defamation lawsuit. Wilson’s legal costs arising from the case were around $A1.4m in total, and she is seeking to recover $A1.3m in costs from Bauer, in addition to the $A4.56m in damages it was ordered to pay after losing the defamation case.

CORPORATES
BAUER MEDIA AUSTRALIA PTY LTD, SUPREME COURT OF VICTORIA

‘I wouldn’t apologise for 50k,’ Harrison warns Seven

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Original article by Misa Han
The Australian Financial Review – Page: 2 : 10-Jul-17

Seven West Media is believed to have incurred legal costs of more than $A1m in its dispute with former employee Amber Harrison. Seven will seek to recover its full legal costs after insisting that Harrison must issue a public apology as part of a deal to settle the case. Harrison had offered to abandon legal action against Seven and accept a permanent suppression order, but with no apology or payment from Seven. The media group had offered to pay her $A50,000 to settle the dispute.

CORPORATES
SEVEN WEST MEDIA LIMITED – ASX SWM, SEVEN NETWORK LIMITED, JOHNSON WINTER AND SLATTERY, AUSTRALIAN HUMAN RIGHTS COMMISSION, FEDERAL COURT OF AUSTRALIA

Calls mount for reform to class-action protocol

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Original article by Marianna Papadakis
The Australian Financial Review – Page: 33 : 21-Aug-15

Australian corporations paid out almost $A1 billion in class-action disputes in 2014-2015 as cases doubled, a trend that is likely to accelerate under the influence of litigation funders. Plaintiff firm Maurice Blackburn handled the most cases, recovering $A889 million in settlements. With major foreign players joining the pool of litigation funders, the Australian Government is considering changes to class-action rules, the Productivity Commission having already recommended a licensing scheme for the funders.

CORPORATES
AUSTRALIA. ATTORNEY-GENERAL’S DEPT, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. PRODUCTIVITY COMMISSION, KING AND WOOD MALLESONS, MAURICE BLACKBURN PTY LTD, SLATER AND GORDON LIMITED – ASX SGH, VOCATION LIMITED – ASX VET, ALLCO FINANCE GROUP LIMITED, JONES DAY, IMF BENTHAM LIMITED – ASX IMF, HERBERT SMITH FREEHILLS PTY LTD

Hockey hit with costs on Fairfax case

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Original article by Marianna Papadakis, Katie Walsh
The Australian Financial Review – Page: 3 : 23-Jul-15

Treasurer Joe Hockey faces a huge legal bill after the Federal Court ordered Fairfax Media to pay just 15 per cent of his legal costs in a defamation lawsuit. Hockey was awarded $A200,000 in damages over tweets and newspaper advertising posters that were deemed to be defamatory. However, it is estimated that Hockey’s total legal costs in defending the case could be around $A300,000. Hockey failed to prove that published newspaper articles relating to the tweets and posters were defamatory.

CORPORATES
FAIRFAX MEDIA LIMITED – ASX FXJ, AUSTRALIA. DEPT OF THE TREASURY, FEDERAL COURT OF AUSTRALIA, ACA LAWYERS PTY LTD, UNIVERSITY OF SYDNEY, GRIFFITH UNIVERSITY