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ASIC ordered to clarify first COVID-19 case against ClearLoans
Financial Services 2021-04-12 10:11 pm By Cindy Cameronne

A judge has ordered ASIC to provide more detail in its case accusing personal lender ClearLoans of contravening the hardship provisions of the credit laws, in the regulator’s first case related to the COVID-19 pandemic.

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Novartis wins injunction to stop generic version of blockbuster MS drug, for now
Intellectual Property 2021-04-12 2:51 pm By Cindy Cameronne

Swiss drug giant Novartis has secured an injunction temporarily blocking drug maker Pharmacor from launching a generic version of the company’s top-selling MS drug Gilenya in Australia.

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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
Competition & Consumer Protection 2021-04-09 8:55 pm By Cindy Cameronne

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.

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HWL Ebsworth advice to Quay Eyewear protected by privilege, judge rules
Employment 2021-04-09 3:18 pm By Cindy Cameronne

A director of sunglasses company Quay Eyewear has lost her bid to access HWL Ebsworth’s advice to the company given during legal proceedings which accused her of tortious interference, breach of directors’ duties and intellectual property violations.

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‘Significant allegations’: ASIC ordered to flesh out case against REST
Financial Services 2021-04-09 2:53 pm By Cindy Cameronne

A judge has ordered ASIC to flesh out its case accusing the Retail Employees Superannuation of misleading members about their ability to move their super out of the REST Trust, given the “significant” allegations that a deliberate system was behind the superannuation trustee’s alleged misconduct.

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Judges among targets of Morrison government’s sexual harassment law overhaul
Employment 2021-04-08 2:16 pm By Cindy Cameronne

Judges and members of Parliament will be liable for sexual harassment in the workplace under an overhaul of sex discrimination laws, the Morrison government said Thursday, but the proposed reforms were criticised by the ACTU as falling short.

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Law firm ordered to pay $50k to practice manager for unfair dismissal
Employment 2021-04-07 9:29 pm By Cindy Cameronne

The owner of a Sydney law firm has been ordered to pay his former practice manager $49,910 in compensation for unfair dismissal, after the Fair Work Commission found his grounds for dismissal, which included alleged physical violence, insubordination and sabotage, were not credible.

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Tandem class action members may have been misled by news about cross-claims, judge says
Class Actions 2021-04-07 5:13 pm By Cindy Cameronne

A judge has found that news articles published in the Herald Sun, Daily Mail and The Australian may have given group members in a class action against a Telstra contractor the “wrong impression” that they would be exposed to a cross-claim if they failed to opt out.

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CBA fined $7M after judge questions if penalty has enough ‘sting’
Financial Services 2021-04-06 9:23 pm By Cindy Cameronne

A judge has slugged the Commonwealth Bank of Australia with a $7 million fine in proceedings brought by ASIC for excessive interest charged to thousands of overdraft customers, but noted the penalty amounted to profits from just six hours of operation for the Big Four bank.

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QC for Bega in trade mark dispute elevated to Federal Circuit Court
Courts 2021-04-06 8:59 pm By Cindy Cameronne

The Attorney-General has appointed three new judges to the busy Federal Circuit Court, including the barrister who represented Bega in a high-stakes trade mark lawsuit brought by a rival.

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