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Designer appeals loss after court finds bikini style name not a trade mark
Intellectual Property 2019-11-06 7:06 pm By Christine Caulfield

Women’s fashion designer Pinnacle Runway is challenging a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, but the challenge might cost more than the fight is worth, after a judge found the company had already spent “many times more in legal costs” then it could hope to recover.

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Litigation funder throws off lawsuit seeking cut of $5M class action fee
Business of Law 2019-10-29 4:07 pm By Cat Fredenburgh

Lawfinance, formerly known as Just Kapital, has won summary dismissal of a lawsuit initiated by its founder seeking a piece of the funder’s $5 million cut of the $16.85 million Wickham securities class action settlement.

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Corrs Chambers Westgarth subpoena set aside in Rinehart family feud
Energy & Natural Resources 2019-10-28 9:37 pm By Cat Fredenburgh

A subpoena issued by the daughter of mining magnate Gina Rinehart seeking documents from Corrs Chambers Westgarth, the law firm representing her mother’s company, has been set aside by a judge, who found the material had no forensic purpose in the family’s long-running fight over a $5 billion trust.

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Western Union manager could not have known no-show employee had mental illness, Full Court says
Employment 2019-10-24 5:21 pm By Miklos Bolza

International money transfer giant Western Union has successfully appealed a $160,000 judgment in an employment discrimination case, with the Full Federal Court finding the firm’s HR manager could not have known the employee, who was absent from work for seven months prior to the dismissal, actually suffered from a mental disability.

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Ashley & Martin to refund customers for patchy hair loss treatment
Competition & Consumer Protection 2019-10-24 2:55 pm By Cat Fredenburgh

The Federal Court has ordered hair loss company Ashley & Martin to refund customers for hair loss treatment they did not receive, after finding three of the company’s standard form contracts contained unfair terms.

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Ashurst partner slams ruling from ‘confused’ judge in dispute with ex-judge neighbour
Restructuring & Insolvency 2019-10-18 9:03 pm By Miklos Bolza

A partner at Big Six firm Ashurst has challenged a NSW Supreme Court decision appointing liquidators to his Point Piper home in a protracted dispute with an ex-judge neighbour, saying the judge was confused and made an order which was an “affront to our system of adversarial justice”.

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Dick Smith cases to be heard together, after insurance class action plaintiffs drop discontinuance bid
Class Actions 2019-10-15 11:20 pm By Amelia Birnie

A judge has ordered all proceedings against Dick Smith to be heard concurrently during a marathon three month trial, after the plaintiffs in a shareholder class action brought against the failed electronics retailer’s insurers aborted a fleeting bid to temporarily discontinue their case.

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Corrs retained by AMP financial planners to weigh class action
Financial Services 2019-10-15 10:44 pm By Christine Caulfield

Corrs Chambers Westgarth has been retained by the AMP Financial Planners Association to weigh a possible class action against the wealth manager over its plan to cut the number of authorised advisers and retreat from a promise to buy back their businesses at a set multiple.

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Ex-Dick Smith directors seek damages against Deloitte over $520M float
Class Actions 2019-10-11 4:43 pm By Miklos Bolza

Two former Dick Smith directors targeted by dual class actions have expanded their case against Deloitte over the retailer’s 2016 collapse, saying if the company was found liable for shareholder losses then the auditor should be blamed for its shoddy work on the company’s financial statements during its float three years earlier.

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TPG ‘vindicated’ by dismissal of ACCC case over non-refundable customer prepayments
Competition & Consumer Protection 2019-10-11 3:41 pm By Amelia Birnie

Internet provider TPG says it has been “vindicated” by a judge’s decision to throw out the consumer watchdog’s case over allegedly unfair contract terms that allowed the telco to keep millions of dollars of customer’s unused prepaid funds.

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