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Woolworths entitled to recoup loss in train derailment despite ‘force majeure’ event, judge says
Article 2021-04-14 6:34 pm By Miklos Bolza

Supermarket giant Woolworths can recoup losses from a 2014 train derailment in South Australia despite a contractual clause excluding force majeure events, the NSW Supreme Court has found.

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Clive Palmer hit with indemnity costs for ‘hopeless’ case against Queensland Nickel
Alexander Law 2021-04-14 3:49 pm By Cindy Cameronne

Two Clive Palmer companies have been slugged with indemnity costs after they were blocked from accessing documents held by two law firms and a litigation funder to pursue a potential lawsuit against Queensland Nickel, with a judge saying the case was “hopeless” from the start.

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Conga Foods appeals loss in La Famiglia trade mark dispute
Clayton Utz 2021-04-14 2:30 pm By Christine Caulfield

Pasta distributor Conga Foods is challenging a ruling that dashed its bid to register its ‘La Famiglia Rana’ trade mark in Australia.

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Forge directors fail to explain need for multiple law firms in liquidators’ case, judge says
Banton Group 2021-04-14 2:15 pm By Miklos Bolza

A judge has slashed security for costs sought in a case brought by the liquidators of engineering and construction company Forge Group after the former directors targeted in the action failed to explain why they had retained multiple law firms.

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Sydney Opera House says China trade group copied trade mark in bad faith
Addisons 2021-04-14 1:00 pm By Miklos Bolza

A trade mark application by a China Australia trade association contains an “identical copy” of the Sydney Opera House’s sail design, the trust behind the iconic landmark has claimed as it seeks revocation of the mark on the grounds of bad faith.

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Domino’s loses bid to strike out underpayments class action
Class Actions 2021-04-13 10:35 pm By Cindy Cameronne

A judge has dismissed an application by Domino’s Pizza to strike out the pleadings in a class action accusing the pizza giant of making misleading and deceptive representations to franchisees which caused drivers to be underpaid.

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Barrister David Rofe’s lover comes up short in dispute over $27M estate
Bray Jackson & Co 2021-04-13 9:43 pm By Miklos Bolza

A former lover of prominent Sydney barrister and former mayor David Rofe QC has lost a feud over his $27 million estate, with a judge confirming the validity of a will written years after Rofe was diagnosed with dementia.

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Herald Sun exec settles defamation lawsuit by former MP Melissa Parke
Banki Haddock Fiora 2021-04-13 4:48 pm By Cat Fredenburgh

Herald Sun executive Dr Colin Rubenstein has settled a lawsuit by former Labor MP Melissa Parke accusing him of defaming her in an email and article relating to her 2019 pre-selection speech, after she failed in a bid to strike down his honest opinion defence.

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Judge rejects government’s attempt to limit liability in Murray Darling class action
Agriculture 2021-04-13 3:27 pm By Miklos Bolza

A judge has found the Commonwealth and Murray Darling Basin Authority are not “public authorities”, striking out large portions of their defence in a class action brought by farmers alleging negligent oversight of water management in the critical Australian river system.

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SC Johnson, Reckitt squash dispute over Raid Max ads
Addisons 2021-04-13 3:05 pm By Cat Fredenburgh

Reckitt Benckiser has resolved its lawsuit against US consumer goods giant SC Johnson over allegedly misleading ads touting its “can’t miss” Raid Max insecticide, just months after a judge criticised Reckitt’s “excessively literal and strained” reading of the ads.

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