The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.
The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.
The litigation funder that bankrolled a patent infringement case by a vehicle monitoring systems manufacturer is on the hook for legal costs after technology company SARB succeeded in appealing a finding that it infringed the IP for a parking detection system used by the City of Melbourne.
A US-based animal genomics company has taken Australia’s leading livestock and dairy groups to court, alleging they have infringed its patent for a system for conducting genetic testing on beef and dairy cattle by doing genetic testing without a licence.
The majority shareholders of vitamin giant Nature’s Care have been hit with the costs of the company’s failed bid for an injunction against its founding family, after a judge found the shareholders appear to have caused proceedings to be commenced as part of a strategy to “override the rights” of the family.
A former director of Noumi has won his challenge to the food manufacturer’s claim for legal professional privilege over a PricewaterhouseCoopers report commissioned by its lawyers at Ashurst, with a judge finding the company waived privilege by disclosing it to Australian Securities and Investments Commission.
Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.
Cross-border technology expert Lisa Fitzgerald has joined Norton Rose Fulbright from Lander & Rogers, bringing her expertise in media, telecommunications, privacy and intellectual property to the firm.
The Australian unit of drug giant Mylan has triumphed in a dispute with Australian Taxation Office, with a judge finding the ATO’s assessment for 2020 was “excessive” with respect to interest on loans to fund Mylan’s $1.2 billion acquisition of generic drug maker Alphapharm.
A judge has rejected sweeping suppression orders sought by the founders of vitamin giant Nature’s Care over documents in a $200 million tax debt stoush with the Deputy Commissioner of Taxation, instead making limited suppression orders in light of the “serious” allegations made in the case.