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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Angus Lang 2022-12-08 4:30 pm By Cindy Cameronne Sydney

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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Law firm’s cut of EML class action driven down by carriage fight in separate case
Class Actions 2022-12-08 11:30 am By Sam Matthews Melbourne

A judge has granted a law firm’s bid for a group costs order in a shareholder class action against payments processing company EML, but has trimmed its proposed cut of any recovery after comparing it to the contingency fee rate the firm accepted in another class action.

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Alleged rapist Bruce Lehrmann hires top defamation lawyer
Defamation 2022-12-07 11:33 pm By Christine Caulfield

Former Liberal staffer Bruce Lehrmann has retained defamation lawyer Mark O’Brien to mull legal action against media outlets over coverage of comments following an aborted rape trial.

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Two more class actions filed over wages for junior doctors
Class Actions 2022-12-07 10:34 pm By Christine Caulfield

Expanding their campaign to recoup alleged unpaid overtime pay for junior doctors, law firms Gordon Legal and Hayden Stephens & Associates have launched two new class actions against hospital operators.

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Carnival hit with class action over gastro outbreaks on cruise ship
Class Actions 2022-12-07 6:42 pm By Sam Matthews Melbourne

Carnival unit P&O Cruises has been hit with a class action by passengers who say their holidays were ruined by norovirus outbreaks on its Sun Princess cruise ship.

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K&L Gates poaches three partners from HWL Ebsworth
Business of Law 2022-12-07 5:35 pm By Cat Fredenburgh

US multinational firm K&L Gates has grown its ranks in Australia, luring three partners from HWL Ebsworth to join its corporate team.

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High Court rejects Western Power appeal in bushfire class action
Allianz 2022-12-07 4:57 pm By Sam Matthews Melbourne

The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Adam Hochroth 2022-12-07 4:38 pm By Cindy Cameronne Sydney

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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Judge shaves $5M off agreed penalty in ACCC case against Uber
ACCC 2022-12-07 11:14 am By Sam Matthews Melbourne

A judge has imposed a $21 million penalty on Uber for misleading customers through platform-wide cancellation messages and estimated fares on its Uber Taxi option, $5 million short of the “very substantial” sum jointly agreed by the parties.

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‘Spectre’ of business interruption class actions laid to rest with test cases, insurers argue
Chief Justice James Allsop 2022-12-06 10:26 pm By Cindy Cameronne Sydney

Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed. 

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