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Sims Metal class action funder to get no more than 25%, shareholders guaranteed at least half
Class Actions 2019-07-05 11:31 pm By Cat Fredenburgh

Noting the “significant and beneficial reduction” in recent funding rates, the judge overseeing a shareholder class action against recycling company Sims Metal Management has signed off on an order capping the commission of the funders at 25 per cent of any net proceeds and setting a minimum 50 per cent of any recovery for group members.

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Treasury Wine tries to claw back former exec’s $1.3M bonus
Employment 2019-07-05 10:07 pm By Amelia Birnie

Treasury Wine Estates is trying to claw back a $1.3 million share bonus paid to former managing director Peter Dixon, alleging serious misconduct relating to the intellectual property theft of highly confidential documents.

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Referee to weigh in on costs in $42M Murray Goulburn class action settlement
Class Actions 2019-07-05 9:35 pm By Cat Fredenburgh

A Federal Court judge has appointed a costs referee in a shareholder class action against two units of dairy co-op Murray Goulburn over a 2016 profit forecast revision which recently settled for $42 million.

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ACCC loses case against Woolworths over ‘eco’ plate claims
Competition & Consumer Protection 2019-07-05 9:28 pm By Amelia Birnie

The Australian Competition and Consumer Commission has lost a consumer case against Woolworths, with the Federal Court finding the supermarket giant’sĀ  environmental claims for its line of disposable plates, bowls and cutlery were accurate, not false and misleading.

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Ex-James Estate Wines boss ‘manufactured’ evidence in $14M dispute with ANZ, court says
Restructuring & Insolvency 2019-07-05 5:24 pm By Amelia Birnie

A judge has dismissed failed winemaker David James latest bid to overturn a $14 million guarantor judgment against him and in favour of ANZ, saying much of his sworn evidence was ā€œmanufacturedā€ and ā€œobviously tailored to suit his caseā€.

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Full Court hands Seiko a win in ink cartridge patent dispute
Intellectual Property 2019-07-05 5:15 pm By Miklos Bolza

Printer giant Seiko Epson has won its cross-appeal against cartridge reseller Calidad in a Full Federal Court decision that further clarifies the extent to which patentees can prevent those acquiring a patent’s title from repurposing or manipulating the original product.

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ACCC must hand over docs on Vodafone-TPG merger investigation
Competition & Consumer Protection 2019-07-04 4:50 pm By Miklos Bolza

The Federal Court has ordered the Australian Competition and Consumer Commission to hand over documents to Vodafone that were ā€œdirectly relevantā€ to its decision to oppose the $15 billion Vodafone-TPG merger. In an order given Wednesday, Federal Court Justice John Middleton directed the ACCC to conduct a reasonable search and provide any relevant documents from…

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Aristocrat sues Ainsworth over ‘extensive and deliberate’ theft of slot machine IP
Intellectual Property 2019-07-04 4:31 pm By Miklos Bolza

Casino and mobile game giant Aristocrat Technologies has sued rival Ainsworth Game Technology for alleged copyright infringement and breaches of Australian consumer law following the suspected theft of trade secrets by an employee.

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Judge reserves AMP class action loser costs after Phi Finney McDonald sinks 1,345 hours
Class Actions 2019-07-04 3:45 pm By Christine Caulfield

Boutique class actions law firm Phi Finney McDonald has won its bid to reserve costs incurred before its case was permanently stayed in the AMP shareholder class action beauty contest, after the firm racked up at least 1,345 hours in ā€œsunk costsā€.

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Samsung in hot water with ACCC over water resistant claims
Competition & Consumer Protection 2019-07-04 1:41 pm By Miklos Bolza

The Australian Competition & Consumer Commission has commenced legal action against Samsung Electronics for allegedly making false, misleading and deceptive representations when marketing the water resistant capabilities of its Galaxy smartphones.

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