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Carnival found negligent in class action over Ruby Princess COVID-19 outbreak
Class Actions 2023-10-25 10:37 am By Cindy Cameronne

A judge has found Carnival PLC liable for failing to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship that left 28 people dead, but only awarded the lead applicant $4,000 for out-of-pocket expenses rather than the $360,000 in damages she sought. 

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‘This cannot go on any further’: Judge threatens to dismiss NAB class action
Class Actions 2023-10-25 3:32 pm By Cindy Cameronne

A judge overseeing a class action against NAB has ordered group members to be sent an unusual notice stating that the case has been run in a “wholly unsatisfactory manner” and said he will consider dismissing the action if it continues in the same vein.

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White Oak claims insurer owed a novel duty of care in $6B Greensill cases
Insurance 2023-10-24 9:02 pm By Cindy Cameronne

Lender White Oak Commercial Finance will bring a novel claim against insurer Bond & Credit Company alleging it owed a duty of care to disclose an investigation into Greensill when it bought securities from the collapsed financier’s German-based bank.

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Judge to take on Heston Russell costs assessment after reports of $2M in fees
Defamation 2023-10-24 11:46 pm By Cindy Cameronne

The judge overseeing ex-commando Heston Russell’s defamation case against the ABC over reporting of alleged war crimes will be involved in assessing his costs after media reports put his lawyers’ fees at $2 million.  

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India can’t avoid $111.3M arbitral award over aerospace investments
Arbitration 2023-10-24 4:16 pm By Cindy Cameronne

The Indian government has lost its bid to dodge a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites, with a judge finging the country waived its foreign state immunity. 

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Citibank wants class closure before evidence in rate-rigging case
Competition & Consumer Protection 2023-10-23 11:43 pm By Cindy Cameronne

Citibank has argued group members should be asked to sign on to a class action accusing five major banks of entering a cartel agreement to rig foreign exchange rates before evidence is filed in the case, saying it was impossible to know how much the claims were worth. 

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Healthcare industry more vulnerable to cyberattacks, says Wotton + Kearney partner
Privacy & Cybersecurity 2023-10-23 6:17 pm By Cindy Cameronne

The digitisation of healthcare has left the industry particularly vulnerable to cyberattacks, and protecting consumers from breaches is one of the biggest challenges facing the sector, according to a new health law partner at Wotton + Kearney. 

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Seeley wins removal of Infinair trade mark
Intellectual Property 2023-10-23 10:52 pm By Cindy Cameronne

Air conditioning giant Seeley has won its bid to remove rival Infinair’s trade mark after an IP Australia delegate found the Chinese company had not sold any products under the name.

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Cantarella loses ‘Oro’ mark on Vittoria coffee in spat with Lavazza
Intellectual Property 2023-10-20 3:11 pm By Cindy Cameronne

Vittoria’s Cantarella Bros has lost its long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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Akzo Nobel loses bid to transfer case worth ‘billions’ over Ichthys LNG project
Construction 2023-10-20 9:38 pm By Cindy Cameronne

Dutch paint company Akzo Nobel has lost its bid to transfer a case over the $45 billion Ichthys natural gas project to state court in Western Australia, with a judge finding the overlap with insurance-related proceedings in the state court was tolerable.

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