We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs. The emergence of these disclosure orders is an example of the flexible and pragmatic approach increasingly being adopted by the Federal Court in class actions, say Johnson Winter & Slattery’s Frances Dreyer and Nicholas Briggs.
The CEO of a property development company faces enforcement action by the Fair Work Ombudsman for allegedly paying his nanny $2.33 an hour for over 100 hours of work a week.
Veritas Advisory liquidator David Iannuzzi has admitted to “quite significant deficiencies” in his conduct as a liquidator and agreed to a 10-year ban from serving as an insolvency practitioner.
The Australian Prudential Regulation Authority will be given a raft of new disqualification powers over inappropriate directors and senior executives, after a report criticised the financial regulator’s preference to engage with regulated entities “behind the scenes”.
Uber Eats will overhaul its contracts with restaurants after an investigation by the Australian Competition and Consumer Commission found the agreements unfairly favoured the food delivery service.
Residential aged care provider Estia Health says it will “vigorously defend” a class action filed by Phi Finney McDonald on behalf of shareholders who allege the company failed to disclose serious commercial difficulties with its acquisition strategy.
Ansell has settled a dispute with a Perth cosmetic clinic over its proposed registration of the trade mark ‘SKYN Love The Skyn You’re In’, after the Australian rubber latex manufacturer argued it was substantially identical to four of its condom trade marks.
Merck Sharp & Dohme has claimed ownership of a Pfizer patent related to the blockbuster Prevnar 13 vaccine, after a doctor who moved between the pharmaceutical companies and is listed as an author on the patent allegedly accessed confidential Merck documents before jumping ship to Pfizer.
A judge overseeing the pelvic mesh class action against Johnson & Johnson subsidiary Ethicon has questioned why three doctor’s professional bodies tried to negotiate court orders requiring them to hand over their member lists, agreeing the supboena was “not a garden party invitation”.
Lawyers for IOOF chief financial officer David Coulter have dismissed APRA’s allegations that he breached his superannuation duties as commercially “naïve”, “absolutely desperate” and a “most egregious example” of impulsive regulatory enforcement action.