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Funder booted from Banksia class action settlement scheme after intimidation claims
Class Actions 2019-08-30 5:02 pm By Miklos Bolza

A judge has removed the funder and law firm leading the Banksia Securities class action from their roles supervising a proposed settlement distribution scheme after the funder was accused of intimidation, a lack of experience and charging excessive costs.

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Cryosite wins $1M settlement over legal advice behind gun-jumping case
Competition & Consumer Protection 2019-08-28 7:11 pm By Amelia Birnie

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.

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Quintis founder seeks transcripts of ASIC interviews
ASIC 2019-08-22 8:58 pm By Miklos Bolza

Six individuals interviewed by ASIC in relation to the collapse of sandalwood producer Quintis have sought leave to intervene in the regulator’s case against the company’s founder, Frank Wilson, after he sought discovery from ASIC of interview transcripts.

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Pfizer may seek stay of Merck vaccine patent case
Intellectual Property 2019-08-21 3:53 pm By Miklos Bolza

Global pharmaceutical firm Pfizer is mulling an application to stay a lawsuit by Merck Sharp & Dohme seeking to invalidate a patent related to the blockbuster Prevnar 13 vaccine as it awaits the outcome of similar proceedings in the US.

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Google gets contempt of court charge set aside in case over defamatory reviews
Defamation 2019-08-13 9:03 pm By Amelia Birnie

A contempt of court prosecution ordered against Google for failing to immediately remove allegedly defamatory online reviews has been thrown out, with a judge saying the internet giant did not act in reckless or negligent disregard of the court’s removal orders.

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‘We’re not in the realm of snake oil’: AFT appeals Maxigesic judgment
Competition & Consumer Protection 2019-08-13 9:02 pm By Miklos Bolza

AFT Pharmaceuticals has challenged a Federal Court decision that found its Maxisegic ads were misleading and deceptive, saying the judge “set the bar too high” by requiring it to prove there was an adequate scientific foundation for its painkiller representations.

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Judge won’t join insurer to Reed Construction liquidator’s insolvent trading case
Restructuring & Insolvency 2019-08-12 5:55 pm By Amelia Birnie

A judge has refused to join the insurer of collapsed Sydney builder Reed Constructions to insolvent trading proceedings brought by the company’s liquidators, after finding it was unreasonable to expect the insurance company to irrevocably confirm coverage.

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‘Dangerous proposition’: Judge refuses early liability determination in Dick Smith insurer class action
Class Actions 2019-08-12 1:34 pm By Amelia Birnie

The plaintiffs in an investor class action brought against the insurers of Dick Smith have lost an early bid to determine the viability of their claim, amid concerns that the total value of five separate cases against the failed retailer will exhaust the $300 million limit of two insurance policies.

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Sydney Opal Tower class action will be ‘resolved expeditiously’, judge says
Class Actions 2019-08-09 4:47 pm By Amelia Birnie

A judge has promised the parties in the Sydney Opal Tower class action that the matter will be “resolved expeditiously”, despite the plaintiff’s concerns that cross-claims by the defendant and procedural timeframes will cause delays.

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Viagogo ordered to hand over slew of financial docs ahead of penalty hearing
Competition & Consumer Protection 2019-08-08 3:49 pm By Miklos Bolza

The Australian Competition and Consumer Commission has won its bid for a year’s worth of financial statements from Viagogo, after successfully arguing the online ticket reseller’s financial position was needed to determine an appropriate penalty for its violations of the Australian Consumer Law.

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