In a recent decision, Federal Court Justice Jonathan Beach approved the settlement of the securities class action against Sirtex Medical. The approval included the judge making a common fund order and allowing funder IMF Bentham’s commission in the amount of $10 million, namely 25% of the gross settlement sum of $40 million. In approving the commission, Justice Beach noted that the rate should properly provide a reward for the risks undertaken by the funder, writes IMF Bentham’s Gavin Beardsell and Kate Hurford.
State Street Global Advisors has been given the go-ahead to use evidence unearthed in its trade mark and copyright action against Maurice Blackburn over the iconic Fearless Girl statue as evidence in a related US lawsuit against the sculpture’s creator.
The Australian Competition and Consumer Commission has failed in its challenge to a ruling that dismissed its bid-rigging case over mining exploration licences involving Cascade Coal and the sons of jailed Labor politician Eddie Obeid.
The Full Federal Court has shot down a challenge to a ruling denying horse vaccine maker Zoetis’ application for security for costs in an unfunded class action brought on behalf of horse owners alleging the company failed to warn about the potential side effects of the Hendra virus vaccine.
Concerns about duplicative costs in multiple class actions are better addressed by case management decisions aimed at cutting excessive expense, not by limiting the amount lawyers representing group members can spend, the Full Federal Court has said in dismissing an appeal by baby food maker Bellamy’s.
Biotech company Cryosite has agreed to a $1 million settlement for losses resulting from legal advice received in relation to a merger agreement that left the company facing $1.05 million in penalties for engaging in cartel conduct.
Bellamy’s has lost its appeals court battle to limit the costs incurred by lawyers jointly running two shareholder class actions against the baby food maker.
Facebook and Instagram have denied allegations they breached Australia’s competition law when they terminated the accounts of a Melbourne-based startup, saying they were entitled to block the company from their platforms.
Ariosa Diagnostics has asked the Full Federal Court to hear its challenge to a ruling that its Harmony prenatal test infringed Sequenom’s patent for a prenatal genetic test, saying the court’s judgment was attended by “sufficient doubt”.
An Adelaide-based wine exporter which was fined $352,000 for infringing three trade marks of a Treasury Wine Estates unit has been ordered into liquidation by the Victorian Supreme Court.