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Two GetSwift shareholders opt out of class action, say company should put ‘legal obstacles’ behind it
Class Actions 2019-04-01 12:51 pm By Cat Fredenburgh

GetSwift shareholders Clutterbuck Capital Management and KPT Capital have opted out of a class action against the logistics services provider, blasting the “inappropriate and questionable” actions by some involved in the class action proceedings.

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REC will seek to invalidate Hanwha solar patent
Intellectual Property 2019-03-29 11:00 pm By Cat Fredenburgh

European solar panel maker REC has struck back at a patent lawsuit filed by solar giant Hanwha QCELLS, saying it will petition the court to invalidate Hanwha’s patent for its passivation technology.

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Judge says fix needed to rein in unwieldy appeals from IP Australia
Intellectual Property 2019-03-29 10:08 pm By Cat Fredenburgh

A Federal Court judge has questioned whether appeals from IP Australia should be allowed to proceed as hearings anew and not confined to the issues already run before the agency, in a ruling spanning 1,784 paragraphs that dismisses a challenge by chemical manufacturer SNF to a delegate’s decisions granting two mining patents to rival BASF.

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Uplift fee voids Queensland law firm’s cost agreement, judge says
Business of Law 2019-03-29 9:12 pm By Cat Fredenburgh

A judge has found a Queensland law firm’s costs agreement void because it did not provide enough information about the firm’s uplift fee.

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Sanitarium, Rebel lose appeal over $1.4M promotion campaign
Contracts 2019-03-29 8:50 pm By Miklos Bolza

Cereal giant Sanitarium and retailer Rebel Sports have lost their appeal against a decision of the NSW Supreme Court staying proceedings against a UK marketing company in a dispute over a $1.4 million joint promotional campaign.

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Trial in novel employment class action against Airservices set to begin
Employment 2019-03-29 8:39 pm By Miklos Bolza

Trial in a class action over employment contracts for Airservices’ managers that allegedly left the staff worse off than relevant enterprise agreements kicks off Tuesday, with the parties first battling it out over whether the agreements even cover the employees.

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Expert hot tub to feature in Sirtex shareholder class action
Class Actions 2019-03-29 3:57 pm By Cat Fredenburgh

A judge has called for an expert panel in a shareholder class action against life sciences company Sirtex related to sales of its liver cancer treatment that is headed for trial in May. Federal Court Justice Bernard Murphy ordered that the expert conclave between economic expert for the class, Gregory Houston, and Sirtex expert John…

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FWC refuses O’Dwyer’s referral bid over allegedly discriminatory MFB deal
Employment 2019-03-28 10:59 pm By Christine Caulfield

The Fair Work Commission has dismissed an application by Jobs Minister Kelly O’Dwyer for review by the Full Federal Court of a decision approving an enterprise agreement covering Metropolitan Fire Brigade firefighters that she argues indirectly discriminates against female firefighters.

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MWL files derivative suit against Focus Financial
Financial Services 2019-03-28 10:04 pm By Cat Fredenburgh

Majority shareholders in MWL Financial have filed a derivative suit against US-based Focus Financial Partners over a soured acquisition.

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Education Department got bad advice from Clayton Utz, court told
Competition & Consumer Protection 2019-03-28 8:57 pm By Miklos Bolza

Clayton Utz’s advice to the Department of Education that it could supply details to the ACCC about documents seized in an Australian Federal Police raid of Phoenix Institute of Australia’s offices was incorrect, the collapsed educational company told the court as it flagged a possible application to shut down the consumer watchdog’s case.

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