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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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ASIC should spell out ‘serious’ insider trading allegations, Westpac tells court
Financial Services 2021-05-19 4:07 pm By Cindy Cameronne

Westpac has argued that ASIC should flesh out its case accusing the banking giant of insider trading before the $16 billion privatisation of electricity provider Ausgrid, saying the regulator has not explained the nature of the alleged inside information.

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Court can order class action opt out notices for limited number of group members, judge says
Class Actions 2021-04-27 9:21 pm By Miklos Bolza

A judge has found he has power to order that opt out notices be sent to a limited number of Boral shareholders eligible to join two class actions that faced off last month in a class action beauty parade.

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NAB class action over MySuper put on ice as invalidity ruling challenged
Financial Services 2021-04-22 10:35 pm By Christine Caulfield

A Federal Court class action against two NAB units over $6.3 billion in super funds is on hold after lawyers for the applicant filed an appeal of a ruling that found their state court proceeding had been invalidly commenced.

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Declassing bid defeated in Jardine Lloyd Thomson class action
Class Actions 2021-04-16 4:17 pm By Miklos Bolza

Insurance broker Jardine Lloyd Thompson has lost its bid to shut down a class action brought on behalf of NSW local councils, with a judge finding it was “entirely appropriate” for the case to proceed as a class action.

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Law firm drops opt out clause from funding agreement in Boral class action
Class Actions 2021-04-09 3:11 pm By Miklos Bolza

Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.

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After invalidity ruling, law firm tries again with MySuper class action against NAB units
Class Actions 2021-04-08 1:50 pm By Christine Caulfield

Maurice Blackburn has brought a second class action against two NAB units over $6.3 billion in super funds, after the law firm’s first attempt was shut down by a state court as invalid.

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Boral ruling a warning to class action lawyers to be on their best behaviour
Class Actions 2021-04-01 3:28 pm By Miklos Bolza

A judgment in a heated carriage fight between three class actions against construction giant Boral provides some guidance to law firms about conduct that could potentially compromise their case for why they should be crowned the victor in a class action beauty parade.

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No win no fee carries law firm to victory in Boral class action beauty parade
Class Actions 2021-03-31 11:13 pm By Miklos Bolza

The law firm running its class action on a no win no fee basis has been crowned the winner in a battle against two competing firms to lead a shareholder class action against construction giant Boral, in the first such judgment handed down in the wake of a High Court ruling on competing class actions.

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Litigation funder not on hook for costs in failed Airservices class action
Class Actions 2021-03-31 3:01 pm By Christine Caulfield

The litigation funder that backed a dismissed employment class action against aviation service provider Airservices Australia has successfully argued that it should not bear the company’s costs of defending the case

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