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TWU can’t stall $270k penalty for lax record keeping
Employment 2018-05-21 11:46 pm By Cat Fredenburgh

The Transport Workers Union has lost its bid for a stay of a court order that it pay a $270,000 penalty for allegedly keeping almost 21,000 lapsed members on its register and failing to keep copies of records. 

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Blockbuster loses appeal over franchisee’s unauthorised sale
Franchises 2018-05-18 9:28 pm By Christine Caulfield

Blockbuster has struck out in its challenge to a ruling that it could not recover a cent from a husband and wife franchisee after the pair sold the store’s assets without consent and admitted to breaching the franchise agreement.

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High Court grants ASIC leave to appeal Prime Trust case
Appeals 2018-05-18 9:01 pm By Christine Caulfield

The Australian Securities and Investments Commission has won leave to appeal to the High Court a ruling that threw out its case against former directors of collapsed retirement village owner Prime Trust. 

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Aerocare loses Federal Court appeal over workplace agreement
Employment 2018-05-16 3:52 pm By Christine Caulfield

The Full Federal Court on Tuesday dismissed an appeal by aviation services company Aerocare of a ruling rejecting an enterprise agreement the Transport Workers Union called “substandard”.

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Judge shoots down Optus challenge to Optum trade mark
Intellectual Property 2018-05-11 9:47 pm By Christine Caulfield

Telecom giant Optus has come up short in a Federal Court challenge to trademark registration for health services company Optum, with a judge saying the two company’s marks — despite the difference of just one letter — were distinct enough.

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GSK loses patent infringement appeal over slow-release Panadol
Intellectual Property 2018-05-11 9:32 pm By Christine Caulfield

A full bench of the Federal Court has dismissed an appeal by drug giant GlaxoSmithKline in a patent infringement case it brought over planned generic versions of its sustained-release Panadol.

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Secret side deal in class action holds up $19.25M settlement
Class Actions 2018-05-10 8:27 pm By Miklos Bolza

A “secret” side agreement between the lead applicant in a shareholder class action and a litigation funder is at the centre of a dispute in the Federal Court that is delaying distribution of a $19 million settlement in the case.

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Clerical error that gave trade marks to rival must be fixed, court hears
Intellectual Property 2018-05-08 9:14 pm By Miklos Bolza

A 17-year-old error that removed industrial filter manufacturer Vokes as the registered owner of its trade marks was at the centre of a Federal Court appeal hearing Tuesday over the extent of a Registrar’s discretion to correct mistakes.

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Judge prods VW to name employees who OKd emissions cheat software
Competition & Consumer Protection 2018-05-08 4:23 pm By Miklos Bolza

Volkswagen has been ordered for a third time to provide the court with the names of employees who were involved in approving the emissions cheat software that’s at the center of litigation by Australia’s consumer regulator and several class actions against the German car maker.

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Former VW chief charged over diesel emissions scandal
Class Actions 2018-05-04 11:53 pm By Christine Caulfield

A former Volkswagen CEO Martin Winterkorn has been charged in the US with conspiracy and fraud over the car maker’s long-running scam to cheat emissions tests, two months after VW faced trial in Australia over dieselgate.

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