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Healthcare REIT can’t add claims against Dexus in trust takeover spat
Real Estate 2023-05-23 5:45 pm By Sam Matthews

Real estate investment trust NorthWest can amend its pleadings in a lawsuit alleging one of the country’s largest unlisted healthcare property funds conspired to prevent it from acquiring a controlling stake, but has come up short in its bid to add to its claims against property giant Dexus.

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Judge tosses suit over $2M sale of cloud tech provider Experteq
Contracts 2023-05-23 9:32 pm By Sam Matthews

A judge has declined Expert Group’s bid to bring court proceedings about the amount of an earn-out owed under its agreement to sell cloud services provider Experteq IT Services, finding the firm had agreed to resolve the matter by expert determination.

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Queensland charity founders win defamation case over Facebook posts
Defamation 2023-05-23 10:15 pm By Cindy Cameronne

The founders of farming charity Aussie Helpers have won a defamation case against a Victorian woman who made allegedly defamatory comments on Facebook that claimed they committed criminal fraud by using donations for personal purchases.

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CSIRO mulls lawsuit over gut-friendly wheat patent
Intellectual Property 2023-05-23 10:35 pm By Sam Matthews

CSIRO has won its bid to access samples of a wheat grain product with increased fibre, as it contemplates a possible patent infringement lawsuit against a South Australian food company.

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Ex-Continental Coal director sentenced for directors’ duty breach
Energy & Natural Resources 2023-05-23 11:59 pm By Gareth Baker

A former director of defunct mining and exploration company Continental Coal has been sentenced to eight months’ imprisonment for failing to act in good faith in performing his directors’ duties in relation to $1 million in bridging finance.  

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High Court to weigh in on whether finger pointing allowed in arbitration
High Court 2023-05-22 1:20 pm By Sam Matthews

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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‘Shocked’ judge eviscerates Tyro class action settlement
Class Actions 2023-05-19 11:04 pm By Cindy Cameronne

A judge has approved a $5 million class action settlement against payment processor Tyro over a service outage but has shredded the proposed funder payout and legal fees that would have comprised 60 per cent of the sum, calling the costs “outrageous”. 

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Aussie honey producers triumph in trans-Tasman tussle over manuka honey rights
Intellectual Property 2023-05-22 10:11 pm By Gareth Baker

New Zealand honey producers have failed in a lengthy fight with their Aussie counterparts to trade mark the term ‘manuka honey’, with the Intellectual Property Office of New Zealand ruling the phrase is merely descriptive of a type of honey.

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Legal Ethics 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Product Liability 2023-05-19 3:08 pm By Sam Matthews

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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