A class action against Bayer over its Essure contraceptive has lost a bid to knock out the pharmaceutical giant’s defence that argues any defects in the device could not have been discovered given the state of scientific knowledge at the time the implants were sold in Australia.
The High Court has ruled that the buyer of a well-known Sydney hotel was not entitled to repudiate the purchase agreement because of the hotel’s compliance with restrictions on public gatherings during the COVID-19 pandemic, which affected the operation of the business.
A busy judge has pushed the parties in a class action against agrochemical giant Monsanto to split the trial to focus first on the question of whether the company’s Roundup weed killer causes cancer so that he can avoid writing a judgment of “hundreds and hundreds” of pages.
A judge has rejected a bid by Independent Monique Ryan’s chief of staff Sally Rugg to keep her job until her “hotly contested” suit against the MP is resolved, saying she was “far from persuaded” that Rugg actually wants to return to work.
California-based fitness company Mad Dogg, which is being sued by Peloton for claiming exclusive rights to the term ‘spinning’, has lost its opposition to fitness personality the HIIT Mum’s trade mark featuring the word ‘spin’, which a delegate found was a common description of cycling classes.
The ACCC will monitoring the pricing and supply of essential services such as energy and telecommunications as well as interest rates in 2023 as cost of living pressures continue to bear down on consumers.
A judge has approved a $12 million payment to the funder of two franchisee class actions against 7-Eleven, even as the funder plans to appeal a decision rejecting its bid for a common fund order for a $24.5 million commission.
The Full Federal Court has set aside a $150,000 defamation judgment for sports presenter Erin Molan and remitted the matter for a new trial, after finding a judge failed to properly consider publisher the Daily Mail’s defence of contextual truth.
A judge has shaved $80,000 off the damages recently awarded to a Papua New Guinea politician who sued Fairfax Media over a series of articles published in the Australian Financial Review, after finding she wrongly discounted a mitigation defence by the publisher.
A judge has declined a bid by former United Petroleum franchisees to stay two Federal Court proceedings in light of a class action against the petrol giant over the introduction of loss-making Pie Face stores, finding the suits have little in common.