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NAB units admit to deceptive conduct in $34M fees for no service case
Financial Services 2018-12-05 10:35 pm By Miklos Bolza Sydney

Two NAB wealth management units have admitted to engaging in misleading and deceptive conduct by deducting $34.4 million in fees for services that were never provided.

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B. Braun launches appeal in IV catheter patent case
David Shavin 2018-12-05 12:23 pm By Christine Caulfield Melbourne

Medical device maker B. Braun Melsungen is appealing a ruling that invalidated its intravenous catheter patents and dismissed allegations of infringement against rival Becton Dickinson.

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CBA open to consolidation of dual class actions
Class Actions 2018-12-04 12:11 pm By Miklos Bolza Sydney

The Commonwealth Bank of Australia is open to a proposal to consolidate two shareholder class actions filed over alleged breaches of anti-money laundering and counter-terrorism laws, but will address any “devil in the details”, a lawyer for the bank told a court Tuesday.

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MacMahon shareholders to get 36% of $6.7M class action settlement
ACA Lawyers 2018-11-30 10:13 pm By Christine Caulfield Melbourne

Shareholders who registered for a class action against mining company MacMahon Holdings will get a $2.4 million cut of a proposed $6.7 million settlement, according to a notice sent to group members ahead of next week’s settlement approval hearing.

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Bravo can’t trade mark ‘Just Desserts’ for Top Chef spinoff
Entertainment 2018-11-27 3:02 pm By Cat Fredenburgh Melbourne

US television giant Bravo can’t trade mark the phrase “Just Desserts” in Australia for its Top Chef reality cooking show spinoff, a sweet victory for the Seven Network, which challenged the mark. 

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ALRC’s ‘leave to proceed’ proposal slammed as de facto class certification
Allens 2018-11-26 1:29 pm By Cat Fredenburgh Melbourne

A late proposal by the Australian Law Reform Commission to introduce a ‘leave to proceed’ mechanism into class actions has been blasted by a major litigation funder and a plaintiffs-side law firm as a de facto class certification procedure that would ramp up costs and add years of delay to cases.

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What you need to know about the GetSwift ruling
Analysis 2018-11-21 11:55 pm By Christine Caulfield Melbourne

The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.

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Law firms avoid courtroom showdown with novel CBA class actions deal
Class Actions 2018-11-21 11:36 pm By Cat Fredenburgh Melbourne

Maurice Blackburn and Phi Finney McDonald have sidestepped a competing class action battle in the high-stakes litigation against Commonwealth Bank of Australia over alleged breaches of money laundering laws, with the firms proposing to jointly lead a consolidated class action against the bank.

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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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McMillan Shakespeare unit denies car warranties ‘illusory’
Baker McKenzie 2018-11-15 10:55 pm By Cat Fredenburgh Melbourne

Defending a class action alleging its vehicle warranties were worthless, a unit of car leasing company McMillan Shakespeare said it has paid out claims to more 3,600 drivers, and was obligated to consider each claim “on its merits”.

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