We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs. The emergence of these disclosure orders is an example of the flexible and pragmatic approach increasingly being adopted by the Federal Court in class actions, say Johnson Winter & Slattery’s Frances Dreyer and Nicholas Briggs.
Beverage giant Monster Energy has appealed a ruling that allowed a company associated with leading tyre retailer Bob Jane T-Mart to register trade marks for its Monster brand alloy wheels.
The phrase true A2 is not inherently adapted to distinguish the A2 Milk Company’s products because A2 milk is commonly understood to signify less allergenic dairy products that do not contain the A1 protein, according to a now-published ruling that’s already been appealed by the dairy company.
Two former executives of Hastie Services have been cleared of criminal charges that they engaged in a conspiracy to falsify the company’s accounts, with a judge ordering the jury to enter verdicts of not guilty on all charges.
A US sports news website founded by former Yankees shortstop Derek Jeter featuring content by athletes has agreed to settle an IP lawsuit brought against a rival Australian site for allegedly copying its look.
A defamation case brought by Wolf Creek actor John Jarratt against the Daily Telegraph will now proceed, following his acquittal last week on rape charges.
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.
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.
Former King & Wood Mallesons partner Stephen Ridgeway has been appointed as the new mergers commissioner at the Australian Competition and Consumer Commission.
Two law firms are jointly investigating a potential class action against the NRL on behalf of players for alleged liability for “reasonably preventable brain injuries”.