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Class actions get boost with contingency fees bill in Victoria
Class Actions 2019-11-28 10:48 pm By Christine Caulfield

Plaintiffs lawyers running class actions in Victoria will be free to charge contingency fees under new legislation introduced by the Labor government this week, a move that will see a boost in class actions brought in the state and has prompted calls for the Federal Government to follow suit.

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CBA unit hit with $700,000 criminal fine for insurance hawking
Insurance 2019-11-28 1:16 pm By Miklos Bolza

The Commonwealth Bank of Australia’s insurance division, CommInsure, has been fined $700,000 for breaching insurance hawking laws in Australia’s first post-Royal Commission criminal conviction, dodging a maximum fine of over $1.8 million through an early guilty plea and cooperation with ASIC.

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Funder’s cut, legal fees face scrutiny in second Murray Goulburn class action
Class Actions 2019-11-27 11:11 pm By Christine Caulfield

The litigation funder financing the second of two recently settled shareholder class actions against Murray Goulburn will face similar scrutiny over its commission as the funder behind the first action.

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Israel Folau ups damages claim against Rugby Australia to $14M
Adam Hochroth 2019-11-27 9:12 pm By Miklos Bolza

Former Wallabies player Israel Folau, who was sacked over homophobic social media posts, has increased the damages he is seeking in his unfair dismissal case against Rugby Australia, calling for $14 million in compensation as “Australia’s best player”.

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Australia should follow US’ lead and reject Hytera’s delay defence, court hears
Intellectual Property 2019-11-25 9:44 pm By Miklos Bolza

Motorola has urged the Full Federal Court to uphold a decision dismissing an amended defence by Chinese rival Hytera Communications that sought to blame the US tech company for not alerting it to the alleged theft of its source code sooner, saying a similar argument had already failed in an ongoing trade secrets case in the US.

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Garmin settles misuse of market power case by largest Australian supplier
Competition & Consumer Protection 2019-11-19 3:53 pm By Christine Caulfield

Garmin has reached a settlement in a competition case brought by its former exclusive Australian distributor alleging the GPS technology giant misused its market power after the supplier refused to give up its five best customers.

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CBA unit pleads guilty to 87 charges over insurance hawking
Insurance 2019-11-19 10:36 am By Miklos Bolza

The Commonwealth Bank of Australia’s insurance division, CommInsure, has pleaded guilty to 87 criminal charges that it hawked life insurance products in unsolicited telephone calls, but wants credit for the early plea.

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Rio Tinto subsidiary wins on appeal after IP Australia rejects mining patent
Intellectual Property 2019-11-18 10:08 pm By Cat Fredenburgh

Rio Tinto subsidiary Technological Resources has successfully challenged a decision by IP Australia to reject a patent application for a method of separating mined material, with a judge finding the claimed invention was not a collection of mere working directions as a delegate had found.

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Funder won’t fight court’s power to vary class action commission
Class Actions 2019-11-15 10:32 pm By Christine Caulfield

Whether judges can alter the terms of litigation funding agreements in class actions is a question that will remain unsettled for now, after litigation funder IMF Bentham chose to sidestep a lengthy, costly and risky challenge to the reach of the court’s powers.

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Monster Energy takes on ‘mother’ of a trade mark battle
Intellectual Property 2019-11-13 3:44 pm By Cat Fredenburgh

Monster Energy has launched another Federal Court case against Vittoria Food & Beverage seeking to block the coffee maker from trading on the popularity of its Mother energy drink brand, and the beverage giant will have to convince the court that its brand is not so strong that confusion among consumers is not likely.

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