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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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Developers added to Apple, Google class actions despite conflict concerns
Class Actions 2023-03-23 4:38 pm By Cindy Cameronne

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

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Bayer ‘deeply suspicious’ of pre-trial discovery bid in fight over Xarelto patents
Intellectual Property 2023-03-23 2:09 pm By Sam Matthews

German pharmaceutical giant Bayer has slammed generic drug make Sandoz’s late bid for documents, which it called an attempt to “divert and distract” Bayer on the eve of a three-week trial over the patents for its top-selling blood clot drug Xarelto.

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Judge slams ‘fishing expedition’ for AFP report in Lehrmann defamation case
Defamation 2023-03-23 1:46 pm By Sam Matthews

A judge has rejected a bid by The Project presenter Lisa Wilkinson to discover a 39,000-page AFP report outlining the contents of accused rapist Bruce Lehrmann’s phone, calling it “a classic fishing expedition.”

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Firm must compete to administer $192.5M PTTEP class action settlement
Class Actions 2023-03-22 9:05 pm By Cat Fredenburgh

The law firm that ran a class action over the 2009 Montara oil spill must compete to administer a $192.5 million settlement, with a judge saying a tendering process is consistent with the court’s “protective and supervisory role” in managing costs deducted from class action settlements.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Full Court to decide scope of whistleblower laws in ex-Greenwoods partner’s $13M case
Employment 2023-03-22 11:42 pm By Cat Fredenburgh

A judge hearing a lawsuit by an ex-Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease has ordered that the court first decide whether new whistleblower protections apply retrospectively.

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Barrister who repped Mawhinney can act against him, but not in settlement talks
Restructuring & Insolvency 2023-03-22 8:59 pm By Sam Matthews

A senior barrister who represented Mayfair 101 founder James Mawhinney in mediation of two cases last year has been allowed to appear against him at a hearing in another dispute against a lender and two McGrathNicol receivers, but the silk won’t participate in settlement talks.

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Claims of barrister’s ex-wife based on employment, not marital, relationship: court
Employment 2023-03-22 8:40 pm By Sam Matthews

A wife employed by her barrister husband can seek compensation for unpaid wages because the claim is based on their employment relationship not their marital relationship, a court has held.

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In fight with ex-Orix CEO, Chubb can argue Coca-Cola Amatil knew nothing of alleged bribes
Insurance 2023-03-22 9:56 pm By Cindy Cameronne

Facing a claim to cover the legal costs of former Orix CEO John Carter under a D&O policy, Chubb has been given the green light to argue that Coca-Cola Amatil’s board had no knowledge of alleged secret bribes.

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