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Monster Energy drops challenge to Fernbrew ‘beast’ trade mark
Consumer Goods 2018-11-20 2:39 pm By Cat Fredenburgh Melbourne

Energy drink giant Monster Energy has dropped its challenge to a ruling allowing alcoholic spirits wholesaler Fernbrew to trade mark the term ‘Real Beast’ for alcoholic beverages.

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GetSwift judge had power to stay competing class actions, Full Court rules
Appeals 2018-11-20 11:21 am By Christine Caulfield Melbourne

The Full Federal Court has dismissed a challenge to a ruling that chose one of three shareholder class actions to proceed against GetSwift, saying the court had the power to permanently stay competing cases. But an injunction blocking the losing law firms from communicating with clients was going too far, it said.

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Barry Plant hit with $720,000 fine for duping house hunters with low display prices
Chief Justice Debra Mortimer 2018-11-20 10:47 am By Christine Caulfield

Real estate agency Barry Plant has been hit with a $720,000 fine after admitting it breached the consumer laws by underquoting the likely selling price of 20 properties listed online.

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Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Ashurst 2018-11-19 11:51 pm By Christine Caulfield Melbourne

Pacific National would not misuse its market power after taking control of an important rail terminal in Brisbane because that would be “irrational”, the Federal Court heard Monday at the start of a two-week trial in the competition watchdog’s case alleging the rail giant colluded with competitor Aurizon to become the dominant operator of key freight corridors.

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Accountant lied to conceal Centaur Ponzi scheme, court hears
Adam Bell 2018-11-19 10:02 pm By Miklos Bolza Sydney

The accountant and best friend of fraudster Scott Williams “prevaricated and lied” to hide his knowledge of the Centaur Litigation Ponzi scheme that misappropriated $32 million and led to the collapse of the litigation funder, a court has heard.

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ASIC bans AGM Markets director for 8 years
Competition & Consumer Protection 2018-11-19 9:30 pm By Cat Fredenburgh Melbourne

ASIC has banned the former director of AGM Markets from serving as a director for eight years, a few weeks after revoking the OTC derivative issuer’s financial services licence.

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GetSwift ruling to offer roadmap for competing class actions
Appeals 2018-11-19 9:18 pm By Christine Caulfield Melbourne

A groundbreaking judgment by the Full Federal Court over competing class actions will be handed down Tuesday morning and is expected to give judges much needed guidance on how to move forward when confronted, as they increasingly are, with multiple proceedings over the same alleged misconduct.

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‘Sorry’ could have shaved $1M off Alan Jones defamation payout
Banki Haddock Fiora 2018-11-16 11:26 pm By Cat Fredenburgh

Broadcaster Alan Jones declined an offer to settle a lawsuit alleging he defamed a prominent Queensland family by blaming them for the deaths of 12 people in the 2011 Grantham floods because he would not agreed to the terms of a proposed apology.

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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions 2018-11-16 11:23 pm By Cat Fredenburgh Melbourne

A judge has rejected a bid by the applicants in two shareholder class actions against online fashion retailer Surfstitch to push forward with a proposed settlement of the cases without an opt-out notice to group members.

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Motorola to bring copyright claims against Hytera
Angus Lang 2018-11-16 9:56 pm By Miklos Bolza Sydney

Motorola Solutions wants to amend its pleadings in an ongoing patent case against Shenzen-based Hytera Communications to add copyright claims relating to the source code for the radio devices at the centre of the dispute.

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