Whether judges can alter the terms of litigation funding agreements in class actions is a question that will remain unsettled for now, after litigation funder IMF Bentham chose to sidestep a lengthy, costly and risky challenge to the reach of the court’s powers.
A bid to join Shine Lawyers and barrister David Turner to a negligence suit against an Australian law firm retained to assist with a $630,000 contractual dispute has been dismissed after a judge found it was “not just, desirable or convenient” to drag the two parties into the dispute.
The National Australia Bank faces the prospect of “significant monetary penalties” after self-reporting a potentially large number of money laundering and counter terrorism financing breaches to AUSTRAC and its overseas counterparts.
The Federal Government has conditionally approved a $1.5 billion acquisition of all shares in baby food and milk formula manufacturer Bellamy’s Australia by a Hong Kong-based dairy firm after finding the transaction was “not contrary to the national interest”.
The corporate regulator has shot back at “exaggerated and inaccurate criticisms” that its updated responsible lending guidelines were to blame for lack of access to credit.
Insolvency firm Worrells has come out in support of partner Jason Bettles, who is facing an investigation by the corporate regulator for his work as liquidator of the Members Alliance Group of companies, saying the probe was unexpected.
Construction equipment manufacturer Caterpillar Inc has lost a challenge to the registration of two ‘Hellcat’ trade marks by FCA Group, producer of well-known auto brands Fiat, Chrysler, Dodge, Jeep and Alfa Romeo.
The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity policy is entitled to indemnity from an insurer when it relied on income and liability warranties in a share sale agreement and those warranties were breached, a case that provides welcome guidance on the contractual interpretation of W&I policies, writes Justin McDonnell and Rebecca LeBherz of King & Wood Mallesons.
The Takeovers Panel has found that while a $2.5 million break fee included in a $470 million takeover offer lobbed during a bidding war for Western Australia power supplier Pacific Energy was not a “common market approach”, it was not anti-competitive or coercive.
Google has slammed landmark regulatory action brought by the Australian Competition and Consumer Commission over the collection and use of location data on Android devices as “cherry-picked”, saying the watchdog had read alleged misstatements by the tech giant out of context.
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