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Question of power to make settlement CFOs sent back to Full Court
Class Actions 2023-02-28 4:27 pm By Christine Caulfield

The divisive issue of whether judges are empowered to make a common fund order to distribute the costs of a funding commission at the settlement stage of a class action is headed back to the Full Federal Court next week.

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Funder’s $7M cut in Fonterra class action up in the air amid CFO uncertainty
Class Actions 2023-02-28 8:47 pm By Sam Matthews

A judge has indicated his willingness to approve a $25 million settlement in a class action against dairy co-op Fonterra, but deferred the question of the funder’s cut until after the Full Court rules on whether the court has the power to make a common fund order at settlement.

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ASIC takes Noumi, top executives to court over 2019 financial reports
Securities 2023-02-27 8:44 am By Christine Caulfield

The corporate watchdog has brought action against former Freedom Foods Group and its former CEO and CFO for alleged disclosure breaches relating to inventory values in its 2019 financial reports.

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De Costi Seafoods shows ‘no contrition’ in underpayments case, judge says
Employment 2023-02-27 3:08 pm By Cindy Cameronne

Seafood processing company De Costi Seafoods has been hit with a $60,000 penalty for failing to pay workers overtime for shifts starting before 6am, with a judge finding the company failed to show any contrition. 

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King & Wood Mallesons drops Ye in case against College Dropout Burgers
Intellectual Property 2023-02-20 11:29 pm By Christine Caulfield

Big Six firm King & Wood Mallesons has withdrawn its representation of US rapper Ye in his case against a small Melbourne restaurant after the artist reportedly failed to instruct his lawyers.

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Treasury Wine Estates resolves dispute over ‘wine in a can’ patents
Intellectual Property 2023-02-10 4:02 pm By Cat Fredenburgh

Treasury Wine Estates has resolved proceedings against ‘wine in a can’ maker Barokes alleging the Melbourne-based company’s patents are invalid and that it made “unjustified threats” against the Penfolds maker.

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FWO brings first-ever legal action against franchisor
Employment 2023-02-09 5:23 pm By Cindy Cameronne

The Fair Work Ombudsman has brought its first-ever court proceedings against a franchisor, alleging it is legally responsible for its franchisees’ underpayments of nine workers.

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Melbourne craft brewery’s zero carb rival didn’t rip off IP, judge finds
Intellectual Property 2023-02-09 4:24 pm By Cindy Cameronne

Melbourne craft beer producer Brick Lane Brewing has lost its lawsuit accusing three companies behind the zero carb Better Beer of ripping off its packaging in breach of the Australian Consumer Law.

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India can’t have trade mark for Basmati rice, IP Australia says
Intellectual Property 2023-02-09 11:24 pm By Sam Matthews

The Indian government has lost a bid to register a trade mark for the word ‘Basmati’, after an IP Australia delegate found rice growers outside of India had an “equally valid claim” to use the term.

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A2 Milk wins stay of NZ class action while shareholder case plays out in Victoria
Class Actions 2023-02-08 3:06 pm By Sam Matthews

A2 Milk has succeeded in fending off a second shareholder class action in New Zealand for now, with New Zealand High Court finding that Australia is the more appropriate forum to hear the claims.

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