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Judge finds Spain not immune from enforcement of $375M arbitration awards
Arbitration 2021-02-02 5:10 pm By Miklos Bolza

The Full Federal Court has granted a limited appeal in the Kingdom of Spain’s challenge to a judgment enforcing a $375 million arbitration award over two renewable energy investments, ordering a redrafting of the primary judge’s orders but rejecting claims that Spain was immune as a foreign state from enforcement of the award.

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Horse vaccine class action trial will raise ‘timely’ safety questions, court hears
Class Actions 2021-02-02 4:12 pm By Miklos Bolza

An upcoming class action trial over alleged side effects resulting from the Hendra virus horse vaccine, which will commence shortly after a COVID-19 vaccine is rolled out in Australia, will raise “timely” issues concerning vaccine safety, a judge has heard.

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Race car driver Max Twigg appeals ruling he misappropriated $100M from family trust fund
Sports 2021-02-02 2:52 pm By Spencer Fowler Steen

Race car driver and former owner of the famed Byron Bay Hotel, Max Twigg, has launched an appeal of a ruling that he misappropriated around $100 million in family trust money and took steps to conceal the transfer of funds from his mother.

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Monster Energy challenges loss of ‘Motherland’ trade mark
Intellectual Property 2021-02-02 2:34 pm By Cat Fredenburgh

Monster Energy, which makes Mother brand energy drinks, has appealed a ruling from IP Australia that granted rival caffeinated beverage maker Vittoria Food & Beverage’s application for the removal of Monster’s ‘Motherland’ trade mark for non-use.

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Chau Chak Wing awarded $590,000 in defamation case against ABC, Nine
Defamation 2021-02-02 12:51 pm By Miklos Bolza

Chinese businessman Dr Chau Chak Wing has been awarded $590,000 in a Federal Court judgment that found an ABC Four Corner’s report contained “untrue and seriously defamatory imputations” about alleged espionage, bribery of UN leaders, and links to the Chinese Communist Party.

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Funder likens itself to pinata in hearing over $9.5M class action settlement
Class Actions 2021-02-01 7:15 pm By Spencer Fowler Steen

The funder behind a class action against McMillan Shakespeare has warned against the court beating it up like a ‘pinata’ in a settlement approval hearing in which the judge expressed “real concerns” about the portion of a $9.5 million settlement earmarked for group members.

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Judge was wrong to ignore pelvic mesh doctors, J&J says in high-stakes appeal
Appeals 2021-02-01 6:53 pm By Miklos Bolza

The judge who found J&J’s pelvic mesh implants defective in a high stakes class action ruling mde a “pervasive error” in disregarding the knowledge and views of the applicants’ doctors, an appeals court has heard. 

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Computer-implemented invention fails again to pass patent test
Intellectual Property 2021-02-01 3:35 pm By Spencer Fowler Steen

The Federal Court has once again sided with the Commissioner of Patents in a challenge to a ruling that patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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Judge refuses class action’s bid to amend forex cartel case against banks
Class Actions 2021-02-01 3:24 pm By Christine Caulfield

A judge has sided with five investments banks and rejected a bid to amend a class action alleging a series of cartel agreements to rig foreign exchange rates, saying there were “substantial problems” with the proposed pleadings.

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AMA Group’s Andrew Hopkins steps down as CEO, drops court action
Employment 2021-02-01 11:01 am By Spencer Fowler Steen

Andrew Hopkins has resigned from his position as group CEO of automotive repair firm AMA and has discontinued his lawsuit against the company despite a Federal Court injunction barring his dismissal amid allegations of fraud.

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