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‘Threat of a heavy sanction’: Shareholder slams opt-out notice in AMP class action
Appeals 2020-05-25 8:15 pm By Miklos Bolza

A proposed notice to eligible group members in Maurice Blackburn’s class action against AMP over its fees for no services scandal threatened to bar unregistered shareholders from any settlement stemming from mediation in the case, a threat barred by a recent ruling finding that courts have no power to close class actions to signed up group members, an appeals court has heard.

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IP Australia shoots down Intuit’s computer software patent
Intellectual Property 2020-05-25 4:44 pm By Christine Caulfield

IP Australia has rejected a patent application by financial software firm Intuit, finding that its invention was not a manner of manufacture and contained “nothing of substance” from which patentable claims could be found.

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7-Eleven must hand over legal bills ahead of class action fight over security for costs  
Class Actions 2020-05-25 3:35 pm By Alison Eveleigh

A security for costs fight is looming in the two class actions brought against 7-Eleven on behalf of franchisees, and the convenience store giant, which claims it has spent more than double the security paid so far in defending the cases, must produce 900 pages of invoices ahead of the battle.

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Essential Energy loses bid to block preliminary discovery for potential class action
Class Actions 2020-05-22 9:06 pm By Miklos Bolza

Essential Energy has lost its appeal of a ruling granting preliminary discovery for a potential class action over the 2018 Tathra bushfire in New South Wales.

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BP loses appeal of Hitler parody video ruling
Employment 2020-05-22 6:43 pm By Alison Eveleigh

The Full Federal Court has dismissed BP’s appeal of a ruling by the Fair Work Commission that reinstated a worker who was fired for sharing a video clip that included subtitles placed over a scene from the movie ‘Downfall’ about Adolf Hitler.

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High Court’s Chorley ruling applies to solo practitioners, court finds
Legal Ethics 2020-05-22 6:38 pm By Alison Eveleigh

The High Court’s abolition of the so-called Chorley exception, which allowed self-represented lawyers to recover their own expenses, also extends to incorporated legal practices through which a sole practitioner operates, a court has found.

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Client poaching allegations fly in Monsanto class actions
Class Actions 2020-05-22 3:19 pm By Miklos Bolza

A judge has rejected concerns about client poaching raised by the law firms involved in competing class actions against chemical giant Monsanto.

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Spotless pays $95M to settle shareholder class action
Class Actions 2020-05-22 10:44 am By Alison Eveleigh

A $95 million settlement has been reached in a shareholder class action against facility services company Spotless Group, the largest settlement in a shareholder class action in two years.

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Judge rejects GetSwift’s latest push to delay ASIC trial for a year
Securities 2020-05-21 9:43 pm By Christine Caulfield

Logistics company GetSwift and its directors have failed in a bid for a year-long delay of a trial scheduled to start next month in ASIC’s case alleging breaches of the Corporations Act, despite arguing that the procedural unfairness of a remote hearing gave the regulator a leg-up over the US-based company.

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Judge was wrong to find breach worker didn’t allege, court hears
Employment 2020-05-21 9:19 pm By Christine Caulfield

Heiko Constructions has won approval to appeal a ruling from Federal Circuit Court Judge Salvatore Vasta that found the company committed a breach of the Fair Work Act that was not pleaded by the former employee who brought the case.

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