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Aldi has failed in its attempt to block applications for three ‘Alby’ trade marks filed by a Western Australian craft brewery, thanks to the supermarket chain’s lack of reputation for selling beer in Australia.
Corporate cop looks to bolster Rio Tinto case with US evidence from PwC witness
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The Australian Securities and Investments Commission is seeking evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.
ACCC’s decision to block Vodafone, TPG merger ‘chock full of speculation’, court hears
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The competition regulator’s opposition to the proposed $15 billion merger of telecommunications companies Vodafone and TPG was based on “mere possibilities” and was “chock full of speculation”, the Federal Court heard Tuesday.
Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
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Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.
Judge gives ACCC go-ahead to continue case against insolvent Jump
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The Australian Competition and Consumer Commission has won its bid to continue proceedings against the insolvent operator of the Jump! swim school franchise and its director, with a court finding the case was in the public interest.
Property developer Ralan Group faces potential class action over collapse
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William Roberts Lawyers and a litigation funder are investigating potential claims by property purchasers and investors against Ralan Group after the developer entered administration and creditors were warned to “prepare for a poor outcome”.
Holding Redlich lawyer tells ICAC he ‘would never advise a client’ to cover up illegal donations
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Holding Redlich national managing partner Ian Robertson has “categorically denied” that he advised the NSW Labor general secretary to cover up a $100,000 illegal political donation, telling ICAC that he “would never advise a client to behave in that manner”.
Judge hands win to Starcom liquidator over insolvent trading period
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Two former directors of collapsed business and IT solutions provider Starcom Group have failed in their attempt to toss a referee’s report that found the company was insolvent 22 months before it was wound up.
Ex-Tennis Australia directors lose bid for ASIC chats with witnesses
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Two former directors of Tennis Australia can’t access chats between ASIC and other executives from the tennis body, with a judge finding the documents recording the communications with the potential witnesses were created in anticipation of litigation and were therefore privileged.
Federal Court approval of funding commission recognises risks faced by funders
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In a recent decision, Federal Court Justice Jonathan Beach approved the settlement of the securities class action against Sirtex Medical. The approval included the judge making a common fund order and allowing funder IMF Bentham’s commission in the amount of $10 million, namely 25% of the gross settlement sum of $40 million. In approving the commission, Justice Beach noted that the rate should properly provide a reward for the risks undertaken by the funder, writes IMF Bentham’s Gavin Beardsell and Kate Hurford.