Most Recent
Court overturns $2.8M Microsoft IP judgment against computer retailer
Competition & Consumer Protection 2019-02-07 10:35 pm By Cat Fredenburgh Melbourne
A Melbourne computer retailer has won its appeal of a $2.8 million damages award for allegedly violating Microsoft's Windows 7 IP, with a judge overturning the ruling by Justice Alexander 'Sandy' Street and ordering a rehearing before a new judge.
Judge tosses ‘fanciful’ St. Patrick’s Day bushfire class action
Class Actions 2019-02-07 9:45 pm By Cat Fredenburgh Melbourne
A judge has dismissed a class action against Powercor over a bushfire in the Gazette area of South West Victoria on St. Patrick's Day 2018, calling the allegations "fanciful".
‘Likely’ GetSwift class action settlement should not be delayed by High Court appeal, judge says
Appeals 2019-02-07 9:36 pm By Christine Caulfield Melbourne
A judge won't defer the opt-out notice in a shareholder class action against GetSwift pending the High Court's decision on a special leave application to revive a competing class action, saying the sooner the case settles the better.
ASIC challenge to Westpac personal advice ruling likely
Allens 2019-02-07 11:16 am By Miklos Bolza Sydney
The Australian Securities and Investments Commission will likely appeal a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.
Fairfax won’t drop suit against Network 10 over Boss trade mark
Baker McKenzie 2019-02-06 10:54 pm By Cat Fredenburgh Melbourne
Fairfax Media is moving forward with a lawsuit against Network Ten over the alleged infringement of its "Boss" trade mark, even after the TV broadcaster agreed to stop using the name.
Sarah Hanson-Young wants Leyonhjelm to pay her legal bill for unexplained court absence
Defamation 2019-02-06 10:37 pm By Christine Caulfield Melbourne
Greens senator Sarah Hanson-Young, who is suing fellow senator David Leyonhjelm for defamation, has asked a court for the costs of having her lawyers appear at a hearing for which his side failed, without explanation, to appear.
Rival law firms backpedal in deal over competing Commonwealth Bank class actions
Class Actions 2019-02-06 9:11 pm By Miklos Bolza Sydney
Law firms Maurice Blackburn and Phi Finney McDonald have stepped back from a proposed consolidation of their class actions against the Commonwealth Bank of Australia and want to run their own cases again, but now with "harmonised" pleadings.
Class action threat hurt Boart Longyear scheme vote, judge says
Allens 2019-02-06 9:02 pm By Cat Fredenburgh Melbourne
A judge has recommended another shareholder vote over Boart Longyear's plan to move to Canada, saying a letter by a minority shareholder warning the move could imperil a possible class action against the distressed mining services company was misleading and affected the integrity of the vote.
Merck Sharp & Dohme slams Wyeth vaccine patent claims as ‘hearsay and speculation’
Allens 2019-02-06 8:17 pm By Miklos Bolza Sydney
Claims by Wyeth that its patented Prevnar 13 pneumococcal vaccine was inventive because other pharmaceutical giants had failed in developing similar vaccines are based on "hearsay and speculation," Merck Sharp & Dohme told the court during closing submissions in the high-stakes trial over the world's best-selling vaccine.
Common fund orders fulfil class action promise, lawyers tell historic appeals court
Allens 2019-02-05 10:50 pm By Miklos Bolza Sydney
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.