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Court can’t use general power under class action regime to dispense with opt out notice, judge says
Class Actions 2022-11-25 10:26 pm By Sam Matthews

A judge overseeing the Montara oil spill class action has found the Federal Court’s broad discretion under the class action regime is “outflanked” by the need to give group members a chance to opt out. But resolving that question on Thursday — which has divided the courts — caused a further wrinkle ahead of a hearing to weigh a settlement in the case.

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Silk’s COVID-19 diagnosis won’t delay students’ discrimination trial
Human Rights 2022-11-25 5:25 pm By Christine Caulfield

A group of Jewish and Israeli former students who have accused a Victorian high school of allowing racially-charged bullying have defeated a bid by the state government to adjourn evidence at trial after its silk was diagnosed with COVID-19. 

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Directed Electronics wins suit over ‘reprehensible’ theft by ex-manager
Intellectual Property 2022-11-25 10:42 pm By Sam Matthews

Automotive electronics company Directed Electronics has largely prevailed in a five-year-old lawsuit alleging a former manager misappropriated company information and reaped $3.6 million in commissions through a secret side agreement with South Korean giant Hanhwa.

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Government ditches ‘costs neutrality’ model in Respect at Work bill
Policy and Regulation 2022-11-25 4:23 pm By Cindy Cameronne

The Albanese government has removed provisions from sex harassment legislation that passed the senate on Friday which would have forced parties to bear their own costs in harassment litigation, after dozens of lawyers expressed “deep concern”.

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Sports betting class action may drop remaining claims against lawyer
Class Actions 2022-11-25 5:49 pm By Cindy Cameronne

The lead applicant in a class action on behalf of investors who sank $12.3 million into an allegedly fraudulent sports betting scheme run by convicted conman Peter Foster may drop the case after a partner in the scheme filed for bankruptcy.

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Judge asks if tiered contingency fee ‘meaningless’ in Crown class action
Class Actions 2022-11-24 11:35 pm By Cindy Cameronne

A judge has questioned a tiered contingency fee arrangement in a proposed group costs order by the law firm running a shareholder class action against Crown, asking whether the lower-end percentages were “meaningless”.

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Allianz loses fight with Probuild over $1B West Side Place development bonds
Insurance 2022-11-24 3:05 am By Sam Matthews

Insurer Allianz has lost its bid to claw back millions in performance bonds provided to collapsed building company Probuild in relation to works at a $1 billion development in the Melbourne CBD.

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Purdue unit sued over patent extension for opioid Targin
Intellectual Property 2022-11-24 11:53 pm By Cindy Cameronne

Australian pharmaceutical company AUPharma has sued the international arm of Purdue, alleging it was wrongly granted patent extensions for several oxycodone products marketed as Targin. 

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ACCC lays new turf with first standalone concerted practices enforcement outcome
Competition & Consumer Protection 2022-11-24 10:05 pm By Editor

The ACCC has secured its first enforcement outcome related solely to the concerted practices provisions of the competition law, in a case that shows the watchdog is willing to take action to prevent what it sees as anti-competitive practices that include sharing sensitive price information, write Gilbert + Tobin’s Jeremy Jose, Sarah Lynch and Katie Latham.

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Court tosses Equivac horse vaccine class action against Zoetis
Class Actions 2022-11-23 12:23 pm By Sam Matthews

A judge has dismissed a class action brought against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine, finding there were “too many uncertainties” in the applicant’s evidence.

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