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Ashurst partner slams ruling from ‘confused’ judge in dispute with ex-judge neighbour
Restructuring & Insolvency 2019-10-18 9:03 pm By Miklos Bolza

A partner at Big Six firm Ashurst has challenged a NSW Supreme Court decision appointing liquidators to his Point Piper home in a protracted dispute with an ex-judge neighbour, saying the judge was confused and made an order which was an “affront to our system of adversarial justice”.

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Short seller Bonitas ignores Rural Funds action, threatens defamation lawsuit
Securities 2019-10-18 8:36 pm By Amelia Birnie

Activist US short seller Bonitas Research is refusing to participate in legal action brought in Australia by Rural Funds Group, as it continues to press allegations of fraud, which sent the agricultural fund manager’s share price plummeting.

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Court blocks Konami’s last-minute defence in damages trial over Aristocrat pokie patent
Intellectual Property 2019-10-17 9:46 pm By Miklos Bolza

Gaming and entertainment giant Konami has lost a bid to amend its defence in a patent case by rival Aristocrat Technologies on the second day of a damages hearing, with the judge finding the changes were contrary to the interests of justice and would require postponing the trial until late next year.

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APRA won’t appeal loss in IOOF case
Financial Services 2019-10-17 5:08 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority will not challenge a Federal Court ruling that dismissed its case against fund manager IOOF as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”.

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Car rental company ordered to recover deleted emails in ACCC case
Competition & Consumer Protection 2019-10-17 3:51 pm By Miklos Bolza

Car rental company Australian 4WD Hire will need to take steps to recover deleted, allegedly threatening emails after a court found it had not complied with its discovery obligations in an unconscionable conduct case brought by the consumer regulator.

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Judge tosses lawsuit against personal injury firm over sexual assault settlement
Legal Ethics 2019-10-17 1:57 pm By Amelia Birnie

A judge has dismissed a professional negligence claim against a personal injury law firm, finding no prospect of success for a former client who alleged the firm “coerced” him into settlement of a workplace sexual assault case so they could receive their costs.

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Iluka class action doesn’t need cash to put up security, judge says
Class Actions 2019-10-16 11:00 pm By Cat Fredenburgh

The applicant in a shareholder class action against Iluka Resources can put up security for the company’s legal costs by way of two insurance deeds of indemnity, but a bid to use the deeds to replace the $1.25 million it earlier paid in cash security has failed.

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Judge ‘outraged’ by terms of ACCC’s $75M dieselgate settlement with VW
Competition & Consumer Protection 2019-10-16 8:41 pm By Amelia Birnie

A judge is considering whether he can increase a record $75 million civil penalty settlement reached by Volkswagen and the ACCC over the dieselgate scandal, after saying the people of Australia would be “upset” if they knew about some of the “outrageous” terms to which the consumer watchdog had agreed.

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Ex-Pizzeys patent attorneys deny using confidential info to poach clients
Business of Law 2019-10-16 8:35 pm By Miklos Bolza

Two patent attorneys being sued by boutique IP firm Pizzeys Patent and Trade Mark Attorneys are resisting an application for preliminary discovery, denying the firm’s claim that they misused confidential information to poach clients.

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Judge rejects $42M Murray Goulburn class action settlement, says funder’s cut too high
Class Actions 2019-10-16 2:07 pm By Christine Caulfield

A judge has refused to sign off on a $42 million settlement of a class action against dairy giant Murray Goulburn, saying the commission sought by the funder appeared out of proportion to the risk and above the going rate.

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