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National Australia Bank has been hit with a $18.5 million fine after admitting to allegations by ASIC that it failed to adequately disclose its adviser fees for five years.
ASIC ditches ‘why not litigate’ stance as government prioritises economy
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Just three years after adopting its ‘why not litigate’ approach in response to a lashing by the Hayne royal commission, the corporate regulator has abandoned the tough enforcement stance as the Morrison government focuses on economic recovery from COVID-19.
Full Court confirms no statutory liability for infringement by authorisation
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In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.
Class action lawyers await guidance from courts on impact of continuous disclosure reforms
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Reforms by the Morrison government passed earlier this month weakening continuous disclosure obligations will spur corporate defendants to engage in “expensive interlocutory warfare” to shut down class actions right off the bat, and plaintiffs lawyers are waiting to see how the courts interpret the new laws to determine these early strike-out fights.
Judge says Nine’s ‘pride or ego’ only reason for alleged defamatory articles staying online
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A judge overseeing a Papua New Guinean politician’s defamation lawsuit has criticised Nine’s refusal to take down two allegedly defamatory articles ahead of a delayed trial, saying there was no reason to keep them online except for the publisher’s “pride or ego”.
‘Very concerned’ judge reopens Hells Angels’ trade mark case against Redbubble
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A judge has reopened the trial in Hells Angels’ trade mark case against Melbourne-based retailer Redbubble to hear allegations by the bikie gang that the online marketplace was still selling infringing products after the July hearing wrapped up.
CFMEU drops Workpac class action after High Court ruling
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The CFMEU has abandoned its landmark multi-million dollar class action against labour hire company Workpac following the High Court’s ruling that dashed the hopes of casual workers seeking leave entitlements.
Biogen wants injunction ahead of trial against Pharmacor over MS drug
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Swiss pharmaceutical company Biogen is seeking a court order blocking an Australian generic drug manufacturer from selling a cheap multiple sclerosis drug it claims infringes its patent for medicine Tecfidera, a court has heard.
Wealthy South Australian farmer targeted in class action over Lucindale fire
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A class action against the executors of the late South Australian pastoralist Thomas Brinkworth has been brought on behalf of landowners whose properties were damaged in a fire in Lucindale last summer.
Fraud cross-claims struck out in Mach Energy suit over Mount Pleasant coal mine
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A judge has struck out allegations of fraud in a cross-claim brought by the operator of a NSW open-cut coal mine, which accused several contractors of knowingly understating the time and cost of expansion works to the tune of $52 million.