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Sunwater loses dispute with Liberty over coverage for Queensland floods class action
Insurance 2021-12-08 3:32 pm By Miklos Bolza

Liberty Mutual Insurance does not have to indemnify dam operator Sunwater for its share of a $440 million settlement of the Queensland floods class action, the NSW Supreme Court has found.

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Port of Newcastle can charge Glencore higher access fees, High Court rules
Competition & Consumer Protection 2021-12-08 6:57 pm By Miklos Bolza

The Port of Newcastle has largely won its High Court fight with mining giant Glencore over access fees and will now be able to set a higher price for use of the port’s facilities.

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Worldwide freezing orders not conditional on enforcement prospects, High Court says
Tax 2021-12-08 6:17 pm By Cindy Cameronne

The High Court has granted the ATO’s bid to impose a worldwide freezing order against Chinese property developer Changran Huang, saying the court’s power to freeze assets did not depend on whether there was a realistic possibility of enforcing a judgment in a foreign jurisdiction.

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‘Ticking time bomb’: Essure class action members all at risk, court told
Class Actions 2021-12-08 2:50 pm By Cindy Cameronne

Group members in a class action over Bayer’s Essure contraceptives had “a ticking time bomb” in their bodies after being implanted with the devices, and all were at risk of developing injuries, a court has heard.

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IP Australia pours cold water on Vittoria’s ‘Victoria Coffee’ trade mark
Intellectual Property 2021-12-08 1:33 pm By Cindy Cameronne

Coffee giant Vittoria has lost its bid to register the trade mark “Victoria Coffee”, with IP Australia finding the mark could prevent other businesses from honestly describing coffee products by referring to the state of Victoria.

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Hall & Wilcox picks up three lawyers after ‘sad’ closure of 102-year-old Perth firm
Business of Law 2021-12-08 12:49 pm By Bianca Hrovat

Hall & Wilcox is strengthening its presence in Western Australia with the appointment of three lawyers nabbed from the now-closed commercial law firm Kott Gunning.

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Class action accuses McDonald’s of denying workers unpaid rest breaks
Employment 2021-12-07 1:02 pm By Bianca Hrovat

Fast food giant McDonald’s has been hit with a class action alleging it systematically failed to provide employees with paid 10 minute rest breaks.

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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
Competition & Consumer Protection 2021-12-07 6:18 pm By Miklos Bolza

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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Mercedes-Benz hits back at $650M lawsuit, says dealer agreements not ‘perpetual’
Franchises 2021-12-07 6:38 pm By Miklos Bolza

Mercedes-Benz has responded to a $650 million lawsuit by Australian dealers over its decision to move to a fixed-price agency model, saying it had a “legitimate commercial interest” in making the change and denying that dealer agreements were “perpetual” in their terms.

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Social media surgeon accused of ‘barbaric, botched’ procedures faces class action investigation
Class Actions 2021-12-07 11:46 am By Bianca Hrovat

Sydney-based plastic surgeon Daniel Lanzer is facing a potential class action lawsuit in the wake of a damning Four Corners investigation which accused him of “gruesome” and “barbaric” practices.

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