AFT Pharmaceuticals has challenged a Federal Court decision that found its Maxisegic ads were misleading and deceptive, saying the judge “set the bar too high” by requiring it to prove there was an adequate scientific foundation for its painkiller representations.
The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.
Spanish oil and gas company Duro Felguera has filed Federal Court proceedings to enforce a $139 million arbitration award related to the Pilbara-based Roy Hill mine, which is majority owned by Gina Rinehart’s Hancock Prospecting.
The Australian Competition and Consumer Commission has appealed a Federal Court judgment tossing its consumer case against Kimberly-Clark over “flushable” wipes.
The lead applicant in a class action against Radio Rentals wants access to correspondence relating to the appliance leasing company’s insurance coverage with AIG Australia, saying the documents might contain admissions relevant to its case over the company’s allegedly misleading ‘Rent, Try, $1 Buy’ program.
The funder backing the IAG add-on insurance class action has agreed to a fixed 25 per cent commission, after the plaintiff copped criticism from a judge for the largely redacted funding agreement which called for lower rates if the case settled by a certain date.
Lawyers for Radio Rentals are trying to take back hundreds of potentially privileged documents in a consumer class action over the company’s ‘Rent, Try, $1 Buy’ program, after they were accidentally disclosed as a result of an IT redaction error.
US-based Trident Seafoods has lost a Federal Court fight with an Australian-based Asian food company over three trade marks for the word ‘Trident’.
The former CEO of Radio Rentals, who has been dragged into a class action against the company, claims he can’t properly defend himself because his former employer has asserted privilege over legal advice the company received regarding its ‘Rent, Try, $1 Buy’, which he says is crucial to his case.
A judge has raised questions about a redacted funding agreement in a class action against two IAG units over allegedly worthless add-on insurance products, saying the details were needed for a swift resolution of the case.