The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.
Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.
James Mawhinney, director of the besieged Mayfair Group, has lost his bid to slow down two proceedings filed by ASIC which he claims will have a “catastrophic” effect on his business, staff and investors.
Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.
Qantas Airways will challenge a court’s finding that it incorrectly applied the JobKeeper scheme and underpaid its staff.
The director of the besieged Mayfair investment group will submit a new noteholder proposal to the court in an effort to stave off the winding up of M101 Nominees and salvage his multi-million dollar Dunk Island and Mission Beach investments.
Pharmaceutical company Boehringer Ingelheim will take another crack at opposing a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.
Fintech Zip Co has successfully opposed rival Flexigroup’s attempt to trade mark ‘No Interest Ever!’, in the latest trade mark battle between buy now, pay later service providers in Australia.
The Australian Securities and Investments Commission has dropped its investigation into trading firm Select Vantage, which brought an unsuccessful $10 million defamation suit against the regulator.
A judge has ordered Australia and New Zealand Banking Group to pay $10 million in penalties after finding that the bank engaged in unconscionable conduct and breached its obligations by slugging customers $3 million in periodic payment fees it was not entitled to charge.