Judgment

A judge has ordered credit card giant American Express to pay $8 million in ASIC’s first-ever case over design and distribution obligations, but has criticised the recently enacted provisions as being “poorly drafted”. 

The ACCC has secured $6 million in penalties against wealth education company DG Institute and its CEO Dominique Grubisa, as well as orders that the company refund $14.7 million in course fees to customers who enrolled in its ‘Master Wealth Control’ program.

The judge who presided over ASIC’s successful case against payday lender Sunshine Loans has recused himself from deciding on penalty in the matter, saying a new court protocol might be needed for when a judge makes an adverse credit finding during the liability phase of a case.

AFL merchandise maker FanFirm has won a trade mark case against US sports merchandise giant Fanatics, with a judge finding it knew about the Australian company’s ‘Fanatics’ trade marks when it chose its corporate name.

Online auction site Grays has been ordered to pay $10 million in penalties after it admitted to making misleading statements in the descriptions of at least 750 cars listed for sale on its website. 

A judge has rejected a law firm’s attempt to update its bid to run class actions against Hyundai and Kia, saying the changes were intended to net the firm a competitive advantage in an upcoming fight for carriage of the class actions and different in substance from its previous position.

A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

An incorporated legal practice has lost its bid to recover costs for work done by its own solicitors while self-represented in a dispute with a former client, with the Full Federal Court finding that making an exception based on firm size would “revive an inequality before the law”.

Birkenstock has succeeded in securing trade mark protection for the shape of four of its shoes, a boon to the German shoe maker as it fights knock-offs of its popular sandals.

A judge has set aside a costs agreement between a Perth-based law firm and its client in a family law matter that culminated in a $87,000 bill, saying the agreement was “positively misleading” with respect to the applicable hourly rates.