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Repped by firm on winning streak, Boral takes shareholder class action to trial
Trials 2024-08-12 11:20 pm By Christine Caulfield

Buoyed by the recent trial success of CBA and other companies facing shareholder ire, building materials giant Boral is taking its chances at a hearing in a class action alleging disclosure breaches linked to its US windows business.

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Judge approves $230M settlement in junior doctors class action
Class Actions 2024-08-12 12:47 pm By Christine Caulfield

A judge has signed off on a $230 million settlement of a class action on behalf of thousands of junior doctors who allege they were systemically underpaid by the NSW government.

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Solicitor found guilty of misconduct for emails to Mills Oakley partner to be struck from roll
Legal Ethics 2024-08-12 10:44 pm By Sam Matthews

A tribunal has recommended that a Sydney solicitor be struck from the roll after finding him guilty of professional misconduct for sending numerous profane emails to a Mills Oakley solicitor during a dispute, noting the “unrelenting stream of discourteous, insulting or offensive correspondence” directed to the tribunal. 

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GSK defeats Novadart trade mark for generic rival to prostate drug Avodart
Intellectual Property 2024-08-12 11:47 pm By Andy Sidler

A GlaxoSmithKline unit has defeated Nova Pharmaceuticals’ bid to trade mark ‘Novadart’ for a generic version of the British company’s market-leading drug prostate drug ‘Avodart’, with a delegate finding the mark would cause consumer confusion.

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‘Suboptimal’: Judge takes Monsanto to task for its approach in Roundup class action
Class Actions 2024-08-09 11:32 pm By Sam Matthews

Deciding an “unusually difficult” costs application, a judge has declined to award Monsanto all of its costs for defending a class action alleging its Roundup weed killer is carcinogenic, saying the agrochemical giant should have pushed harder for a split trial. 

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HWL Ebsworth must produce correspondence over Brittany Higgins’ claims
Defamation 2024-08-09 11:03 pm By Cindy Cameronne

Linda Reynolds has won her bid to subpoena HWL Ebsworth for correspondence with the Commonwealth prior to its $2.4 million settlement Brittany Higgins, as the senator contests Higgins’ characterisation of her decision to refer the settlement to the corruption watchdog as harassment.

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Linda Reynolds admits she gave ‘incorrect evidence’ at Lehrmann’s criminal trial
Defamation 2024-08-09 2:01 pm By Cindy Cameronne

Senator Linda Reynolds has admitted she gave incorrect evidence at Bruce Lehrmann’s criminal trial concerning the day he allegedly raped Brittany Higgins, saying it was her “best recollection” at the time. 

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Split High Court says proportionate liability claims apply in arbitration
Construction 2024-08-09 11:31 pm By Christine Caulfield

The High Court has issued a ruling that significantly alters the playing field in domestic commercial arbitration, finding that proportionate liability defences can apply despite limitations on claimants joining third parties to disputes.

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ATO asks High Court to reverse PepsiCo’s win on royalty withholding tax
Intellectual Property 2024-08-09 11:41 pm By Sam Matthews

The tax office has asked the High Court to overturn a decision which found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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Queensland loses bid to transfer class actions over removal of Indigenous children
Discrimination 2024-08-09 11:44 pm By Cat Fredenburgh

A judge has rejected Queensland’s bid to transfer two class actions over the removal of Indigenous children to its home turf from Victoria, saying removal was unnecessary in light of the court’s use of livestreaming technology and willingness to hold hearings in Brisbane.

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