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TPG ‘vindicated’ by dismissal of ACCC case over non-refundable customer prepayments
Competition & Consumer Protection 2019-10-11 3:41 pm By Amelia Birnie

Internet provider TPG says it has been “vindicated” by a judge’s decision to throw out the consumer watchdog’s case over allegedly unfair contract terms that allowed the telco to keep millions of dollars of customer’s unused prepaid funds.

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Motorola slams Hytera for ‘pig-headed’ approach to IP expert evidence
Intellectual Property 2019-10-11 2:18 pm By Amelia Birnie

Motorola has slammed competitor Hytera for its “spectacularly poor” handling of expert evidence in a high stakes intellectual property dispute between the two tech giants, arguing the pre-trial timetable should not be upended on account of the Chinese radio maker’s “pig-headed” insistence on using unavailable witnesses.

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Lawyers running Bellamy’s case want to expand class to equity swap investors
Class Actions 2019-10-11 12:30 pm By Christine Caulfield

One of two shareholder class actions against infant food maker Bellamy’s for allegedly misleading investors about its China growth strategy and declining infant formula market share in Australia wants to expand the class definition to include purchasers of equity swaps.

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Prominent silk Kate Eastman accused of bias in Israel Folau case
Employment 2019-10-10 11:12 pm By Cat Fredenburgh

Former Wallabies star Israel Folau says a tribunal’s decision to terminate his contract with Rugby Australia over homophobic social media posts has no effect due to the apprehended bias of one of its members, prominent barrister and LGBTI rights advocate Kate Eastman.

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Funder in Toyota class action wants up to 30% commission
Class Actions 2019-10-10 10:25 pm By Christine Caulfield

The litigation funder bankrolling a new class action against Toyota over allegedly faulty filters in its diesel models is looking to earn a step-up commission of between 20 and 30 percent of any recovery in the case.

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Insolvency practitioners’ fees to face scrutiny in latest government inquiry
Restructuring & Insolvency 2019-10-10 9:44 pm By Cat Fredenburgh

A new government inquiry will look at the fees and practices of insolvency professionals and whether the current insolvency system is set up to help struggling businesses turn around.

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UDP wins $25M from insurers over doomed 5 Star Foods deal
Corporate 2019-10-10 5:27 pm By Miklos Bolza

Hong Kong-based UDP was entitled to $25 million from its insurers after losing more than $30 million from its disastrous acquisition of dairy conglomerate 5 Star Foods, which had been secretly overcharging one of its biggest customers, food giant Lion Nathan Group.

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Judge refuses access to insurance policy in Advanta Seeds class action
Class Actions 2019-10-10 5:06 pm By Amelia Birnie

The plaintiffs in a farming class action brought against Advanta Seeds over allegedly contaminated sorghum have been denied access to the defendant’s insurance policy documents, after a judge found “significant differences” with a recently successful application in a class action against Radio Rentals.

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Insurer QBE claims Opal Tower cracking not ‘major’
Insurance 2019-10-10 4:33 pm By Amelia Birnie

QBE Underwriting has defended its decision to deny insurance coverage to the builder of Sydney’s troubled Opal Tower development, claiming the cracking was not “major” and did not cause last year’s Christmas Eve evacuation.

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ACCC approves Viva Energy’s bid for Liberty Oil’s wholesale business
Competition & Consumer Protection 2019-10-10 12:33 pm By Cat Fredenburgh

The competition regulator has signed off on Viva Energy’s proposed acquisition of the remaining 50 per cent of Liberty Oil’s wholesale business, saying the deal was not likely to substantially likely to lessen competition in the wholesale fuel market.

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