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Sirtex shareholders fear ‘bare cupboard’ for class action after takeover
Class Actions 2018-09-20 4:32 pm By Christine Caulfield

Shareholders in a class action against Sirtex Medical have lost a bid for an order preventing the life sciences company from quietly moving $128 million in cash assets out of the country after its $1.9 billion takeover by a Chinese private equity company comes into effect Thursday, but the battle over the money will likely continue.

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BMW says court can’t make funding order in Takata class actions
Class Actions 2018-09-19 8:40 pm By Miklos Bolza

BMW Australia plans to challenge the NSW Supreme Court’s power to create a common fund order spanning six class actions brought against major players in the automotive industry over defective and dangerous Takata air bags.

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Empower Institute ‘duped’ vulnerable consumers, judge rules
Competition & Consumer Protection 2018-09-19 7:18 pm By Christine Caulfield

Vocational trainer Empower Institute engaged in unconscionable conduct by “duping” disadvantaged consumers into enrolling in courses they couldn’t afford with the promise of free laptops and cash, a judge ruled Wednesday.

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Unique wins appeal of unconscionable conduct ruling
Competition & Consumer Protection 2018-09-19 4:51 pm By Cat Fredenburgh

The Full Federal Court has overturned a win for the consumer regulator in a case against Sydney-based Unique International College, ruling that the vocational trainer’s practices for marketing and enrolling students in its diploma courses did not amount to unconscionable conduct.

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Judge wants funder’s cut in Westpac class action to come from net recovery
Class Actions 2018-09-19 1:58 pm By Cat Fredenburgh

A judge has agreed to sign off on an order in a massive class action against Westpac that could give 25 percent of any recovery to the litigation funder underwriting the case, on the condition that the funder accept a rate reflecting the net, not the gross, sum.

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Bega admits to using Kraft-branded shippers
Intellectual Property 2018-09-19 1:39 pm By Cat Fredenburgh

Bega has admitted to allegations by Kraft that it distributed its peanut butter in boxes with the Kraft logo on the outside, but says it was allowed to under a license agreement.

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Judge dismisses MyBudget consumer class action
Class Actions 2018-09-18 9:59 pm By Miklos Bolza

MyBudget has successfully fought off a class action brought by consumers who claimed the budget management firm violated consumer law by holding onto interest earned on their personal budgeting accounts.

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Alphapharm can’t get docs ahead of hearing on injector pen injunction
Intellectual Property 2018-09-18 9:41 pm By Cat Fredenburgh

Generic drug company Alphapharm has lost a bid for documents it claimed would show Sanofi-Aventis suspected as early as 2015 that patents for one of its injector pens may be invalid.

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Dr Reddy’s settles Millennium’s cancer drug patent suit
Intellectual Property 2018-09-18 1:54 pm By Miklos Bolza

Generic drug maker Dr Reddy’s Laboratories has reached a settlement with US-based Millennium Pharmaceuticals, agreeing to be restrained from selling a cheap version of cancer drug Velcade in Australia.

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Kleenex flushable wipes an ‘environmental catastophe’, ACCC tells court
Competition & Consumer Protection 2018-09-17 9:07 pm By Miklos Bolza

The Australian Competition and Consumer Commission has launched its opening volley against consumer goods giant Kimberly-Clark Australia, saying its Kleenex ‘flushable’ wipes were unsuitable for sewers and septic tanks and an “enormous burden” on the Australian wastewater system.

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