AFT Pharmaceuticals has challenged a Federal Court decision that found its Maxisegic ads were misleading and deceptive, saying the judge “set the bar too high” by requiring it to prove there was an adequate scientific foundation for its painkiller representations.
A trailblazing country lawyer who took out seven overdraft extensions to self-fund a landmark $100 million case in the early years of the federal class action regime has stepped back into the ring to run a new case on behalf of dozens of Australian farmers.
National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.
Indonesian airline Garuda has failed in its bid to stay a $19 million penalty for its role in a fuel surcharge cartel after telling the Federal Court it has debts of $480 million, with a judge saying he would be allowing the company to trade while insolvent if he granted the stay.
The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.
The competition regulator has raised concerns about Bis Industries’ proposed acquisition of Cougar Mining Group, saying the threat of new competitors appeared unlikely to significantly constrain the combined company.
The Australian Competition and Consumer Commission has raised concerns about a proposed acquisition by Canadian dairy producer Saputo of competitor Lion Dairy’s cheese processing plants, saying the deal could substantially lessen competition in Tasmania.
The Australian Competition and Consumer Commission has won its bid for a year’s worth of financial statements from Viagogo, after successfully arguing the online ticket reseller’s financial position was needed to determine an appropriate penalty for its violations of the Australian Consumer Law.
Online healthcare platform HealthEngine is facing legal action by the Australian Competition and Consumer Commission, accused of hiding 17,000 negative reviews, altering thousands of other reviews and selling patient’s personal data to insurers.
US investment manager State Street Global Advisors claims it lost out on royalties when Maurice Blackburn commissioned an allegedly infringing replica of its iconic Fearless Girl statue in New York City, a marketing phenomenon that has been estimated to be valued at up to $38.6 million.