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ASIC loses waiver argument over privileged docs in case against REST
Competition & Consumer Protection 2022-04-29 2:18 pm By Sam Matthews

A judge has panned ASIC’s bid to discover a wide range of privileged communications between super fund REST and various legal advisers, finding the regulator used a “very wide net” to catch nothing at all.

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US shareholders ask court to reject $31M payout for Crown class action funder
Class Actions 2022-04-28 9:35 pm By Christine Caulfield

US institutional shareholders who joined a class action against Crown Resorts that settled on the eve of trial for $125 million are urging the Federal Court to slash the funder’s commission by $4.65 million.

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Westpac slugged with $113M in penalties in six ASIC cases
Financial Services 2022-04-22 3:02 pm By Christine Caulfield

A judge on Friday slugged Westpac with a $40 million penalty for charging advice fees to over 11,800 dead customers in the last of six cases brought by the corporate regulator, taking the total to be paid by the bank to $113 million.

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Mercedes Benz CEO to hand over docs after dealers decry ‘unsatisfactory’ production
Competition & Consumer Protection 2022-04-22 10:59 pm By Sam Matthews

Mercedes Benz Australia will produce 10,000 pages of documentary evidence alongside material from CEO Florian Seidler, in its fight against a $650 million lawsuit brought by Australian dealers over the car maker’s decision to move to a fixed-price agency model.

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Judge erred in finding AI can be patent inventor, Full Court says
Intellectual Property 2022-04-14 3:39 pm By Miklos Bolza

The Full Court has overturned a landmark judgment which found artificial intelligence can be named as an inventor on patent applications, in a decision which brings Australia in line with findings from courts in the UK, US and EU.

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Teens won’t take climate change class action to High Court
Environment 2022-04-12 3:21 pm By Miklos Bolza

An appeals court’s finding that the federal government does not owe a duty of care to Australian kids to protect them from the effects of climate change will stand after the lead applicants declined to take the matter to the High Court.

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Mercedes-Benz dealers lose ‘ambitious’ bid to view confidential head office docs
Competition & Consumer Protection 2022-04-12 9:21 pm By Cindy Cameronne

Australian Mercedes-Benz dealers behind a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model have lost a bid for an “ambitious number” of dealers to view “super confidential” documents from the company’s head office in Germany.

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Maurice Blackburn prevails in State Street appeal over Fearless Girl
Appeals 2022-04-11 4:11 pm By Miklos Bolza

Maurice Blackburn has successfully defeated an appeal of a judgment that found the law firm did not breach the intellectual property rights of US financial services giant State Street Global Advisors by displaying a replica of the world renowned Fearless Girl statue in Melbourne.

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Judge hits Westpac unit with $20M penalty over conflicted remuneration
Financial Services 2022-04-08 10:53 pm By Sam Matthews

A judge has signed off on a $20 million penalty against Westpac subsidiary BT Funds Management for improperly charging 9,000 members insurance premiums that included commissions to financial advisers, a practice that was banned in 2013.

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Novartis can’t appeal loss of experts in MS drug patent feud with Pharmacor
Intellectual Property 2022-04-07 12:29 pm By Christine Caulfield

The Full Federal Court won’t give Swiss pharmaceuticals giant Novartis the chance to appeal a ruling that threw out three of its four experts in a patent case against generic drug maker Pharmacor.

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