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Mineralogy appeals ruling tossing suit as ‘ill-disguised’ attack on ASIC
Appeals 2021-09-15 4:00 pm By Cat Fredenburgh

Clive Palmer’s Mineralogy has appealed a ruling tossing a lawsuit it brought against ASIC, which a judge called an “ill-disguised collateral attack” on the regulator for criminal proceedings against the billionaire mining magnate over $12 million in payments made to his political party in 2013.

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Puma launches appeal against Caterpillar trade mark decision
Intellectual Property 2021-09-15 11:17 pm By Bianca Hrovat

Sportswear brand Puma has launched an appeal against a Federal Court decision that found it’s ‘Procat’ trade mark was deceptively similar to US machinery manufacturer Caterpillar’s CAT marks.

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Judge rejects first ever bid for contingency fees in class action
Class Actions 2021-09-14 9:57 am By Christine Caulfield

Saying the interests of class action members “must be given primacy”, a judge has rejected the first bid for a group costs order in a class action since contingency fee legislation passed in Victoria.

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Ratepayers score first class action win in Queensland Supreme Court
Class Actions 2021-09-14 6:36 pm By Bianca Hrovat

A local government has been ordered to repay its residents the tens of thousands of dollars they spent on an invalid canal maintenance levy, in what was the first class action victory to be recorded in the Queensland Supreme Court.

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Brother of NBA star wins $550,000 in defamation damages against sister
Defamation 2021-09-14 4:32 pm By Christine Caulfield

The sister of NBA star Ben Simmons has been ordered to pay $550,000 in damages to half-brother Sean Tribe for a series of Tweets alleging Tribe sexually molested her as a child.

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Judge slams government for lacking ‘common courtesy’ in Beetaloo climate change case
Energy & Natural Resources 2021-09-14 3:28 pm By Miklos Bolza

A judge has rebuked the Morrison government for approving a gas exploration contract with a subsidiary of Empire Energy in the Beetaloo basin without notifying the environmental organisation leading a climate change lawsuit over the project.

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Cross-claims make new case an abuse of process, Isuzu tells court
Intellectual Property 2021-09-14 8:48 pm By Miklos Bolza

Truck company Isuzu has asked a court to shut down an $18 million lawsuit by Directed Electronics alleging copyright infringement, arguing that its own cross-claims –which substantially overlap with allegations in a 2017 case that went to trial — made it an abuse of process.

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Katy Perry wants to withdraw ‘wrong’ admission in trade mark spat with designer
Intellectual Property 2021-09-14 9:17 pm By Cindy Cameronne

US singer Katy Perry is seeking to withdraw an admission that licensing her trade mark to Target and Myer constituted use, saying it was plainly “wrong” after the Full Federal Court held an owner who authorised use of a mark was not liable for direct infringement.

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Class action probe results in redress scheme for women injured by disgraced doctor
Class Actions 2021-09-14 3:37 pm By Bianca Hrovat

Hundreds of women who suffered “chaos and devastation” at the hands of former surgeon Emil Gayed will be entitled to compensation after class action law firm Slater & Gordon negotiated with the state government to secure a redress scheme.

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Judge says MIS regulation ‘doesn’t work’ with class action regime
Class Actions 2021-09-13 11:23 pm By Cindy Cameronne

A Federal Court judge has taken a swipe at new regulations that require class action funding arrangements to be registered as managed investment schemes, saying it was difficult to reconcile the new rules with the class action regime.

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