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Full Court finds class actions are not managed investment schemes
Class Actions 2022-06-16 10:43 am By Cindy Cameronne

In a significant victory for litigation funders, the Full Federal Court has found that funded class actions are not managed investment schemes subject to regulatory oversight, gutting the legal basis for reforms enacted by the Morrison government in 2020.

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Scotch Whisky Association takes shot at Aussie importer
Intellectual Property 2022-06-16 9:32 pm By Cindy Cameronne

The Scotch Whisky Association has sued an Australian food and drink importer for “flagrant” copyright infringement after it allegedly sold regular whisky with the trade organisation’s ‘scotch whisky’ certification trade mark.

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‘Unsatisfactory state of affairs’: 7-Eleven class action funder wants $16.6M advance on payout
Class Actions 2022-06-15 4:49 pm By Cindy Cameronne

A litigation funder for two franchisee class actions against 7-Eleven has asked a court for a $16.6 million payout to cover its costs before a judge rules on how much it can pocket from a $98 million settlement.

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Judge allows QC’s $9,800 fee, says two barristers ‘not luxurious’
Business of Law 2022-06-15 7:17 pm By Cindy Cameronne

A judge has rejected a court-appointed costs assessor’s opinion that engaging a silk to fight an interlocutory application in a spat between two Queensland law firms was “plainly a luxury”.

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Quintis investors to get $4.7M in class action settlement, court told
Class Actions 2022-06-14 2:51 pm By Cindy Cameronne

Two years after an insurance dispute scuttled a proposed settlement, group members in two class actions against sandalwood producer Quintis are set to receive $4.7 million in a settlement with the defunct company.

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ASIC puts funds on notice about ‘greenwashing’
Environment 2022-06-14 2:09 pm By Cindy Cameronne

The Australian Securities and Investments Commission has put issuers of superannuation and managed funds on notice that it is monitoring the market for ‘greenwashing’ in promotions for sustainability-related products. 

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$630,000 legal bill should be borne by all Drakes class action members, court told
Employment 2022-06-14 9:45 pm By Cindy Cameronne

A law firm is seeking a funding equalisation order to have all group members contribute to the $630,000 legal bill it racked up in running an underpayments class action on behalf of Drakes store managers that has settled for $2 million.

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Class action applicants not harmed despite Hardi’s misleading ads for crop sprayer, judge says
Product Liability 2022-06-10 6:28 pm By Cindy Cameronne

A judge has found the lead applicant in a class action over an allegedly defective crop sprayer did not suffer any loss despite finding agricultural equipment manufacturer Hardi misled him and other farmers who bought the machine. 

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Mayfair’s James Mawhinney agrees to steer clear of IPO Wealth investors
Class Actions 2022-06-10 3:41 pm By Cindy Cameronne

Mayfair Group’s James Mawhinney has given an undertaking to not contact group members in a class action against a trustee of the collapsed IPO Wealth fund after allegedly urging investors, through a PR firm, to reject a settlement offer.

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CBRE offered to pay $600,000 before winning $20M negligent valuation case
Professional Negligence 2022-06-10 1:28 pm By Cindy Cameronne

A court has handed CBRE indemnity costs for successfully defending a negligent land valuation lawsuit by defunct fund manager City Pacific after it had offered $600,000 to settle the case.

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