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Port of Newcastle can charge Glencore higher access fees, High Court rules
Competition & Consumer Protection 2021-12-08 6:57 pm By Miklos Bolza

The Port of Newcastle has largely won its High Court fight with mining giant Glencore over access fees and will now be able to set a higher price for use of the port’s facilities.

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Worldwide freezing orders not conditional on enforcement prospects, High Court says
Tax 2021-12-08 6:17 pm By Cindy Cameronne

The High Court has granted the ATO’s bid to impose a worldwide freezing order against Chinese property developer Changran Huang, saying the court’s power to freeze assets did not depend on whether there was a realistic possibility of enforcing a judgment in a foreign jurisdiction.

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Appeals dismissed in ‘inconceivable’ challenge to NSW COVID-19 jab mandate
COVID-19 2021-12-08 5:58 pm By Bianca Hrovat

An appeals court has found it “inconceivable” that legislation aimed at protecting public health would not have afforded the New South Wales health minister the power to mandate COVID-19 vaccinations for certain workers, given the outbreak of the Delta strain of the coronavirus.

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‘Ticking time bomb’: Essure class action members all at risk, court told
Class Actions 2021-12-08 2:50 pm By Cindy Cameronne

Group members in a class action over Bayer’s Essure contraceptives had “a ticking time bomb” in their bodies after being implanted with the devices, and all were at risk of developing injuries, a court has heard.

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IP Australia pours cold water on Vittoria’s ‘Victoria Coffee’ trade mark
Intellectual Property 2021-12-08 1:33 pm By Cindy Cameronne

Coffee giant Vittoria has lost its bid to register the trade mark “Victoria Coffee”, with IP Australia finding the mark could prevent other businesses from honestly describing coffee products by referring to the state of Victoria.

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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
Competition & Consumer Protection 2021-12-07 6:18 pm By Miklos Bolza

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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Mercedes-Benz hits back at $650M lawsuit, says dealer agreements not ‘perpetual’
Franchises 2021-12-07 6:38 pm By Miklos Bolza

Mercedes-Benz has responded to a $650 million lawsuit by Australian dealers over its decision to move to a fixed-price agency model, saying it had a “legitimate commercial interest” in making the change and denying that dealer agreements were “perpetual” in their terms.

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Linchpin director loses second shot at staying appeal of 5-year ban
Financial Services 2021-12-07 5:47 pm By Bianca Hrovat

Former Linchpin Capital director Peter Eugene Daly has come up short in his second bid to stay his appeal of a ruling that banned him from providing financial services for five years in light of separate proceedings brought by ASIC.

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Banksia class action funder enters administration with no assets
Restructuring & Insolvency 2021-12-07 12:24 pm By Christine Caulfield

The litigation funder behind a fraudulent scheme in a class action over Banksia Securities has entered administration with negligible assets to its name.

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Former CFO dragged into Westpac’s $294M fraud case against Forum Group
Financial Services 2021-12-07 11:45 am By Miklos Bolza

The former chief financial officer of beleaguered Forum Group has been dragged into a lawsuit by Westpac seeking to recoup $294 million in funds paid into an alleged fraudulent scheme.

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