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Government ordered to do ‘root and branch review’ of PFAS class action defence
Class Actions 2021-05-28 11:38 pm By Cat Fredenburgh

A judge has ordered the federal government to file an amended defence in one of two class actions over its use of allegedly toxic firefighting foam on military bases, after being accused of lodging a deficient pleading.

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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Arbitration 2021-05-28 11:02 pm By Christine Caulfield

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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NSW Deputy Premier sues YouTube star Jordan Shanks for ‘smear campaign’
Defamation 2021-05-28 10:01 pm By Christine Caulfield

NSW Deputy Premier John Barilaro has followed through on his threat to sue YouTuber Jordan Shanks for defamation over videos that allegedly implied the politician acted corruptly, engaged in blackmail and repeatedly committed perjury.

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Lawyerly announces Litigation Rising Stars of 2021
Litigation Rising Stars 2021-05-28 9:33 pm By Cat Fredenburgh

Lawyerly is pleased to announce the winners of its inaugural Litigation Rising Stars competition, which honours 30 lawyers under the age of 40 for their work in high-stakes litigation.

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Fonterra can’t keep company name out of class action website domain
Class Actions 2021-05-28 3:58 pm By Cat Fredenburgh

Dairy co-operative Fonterra has lost a bid to keep the company’s name out of the domain of a website to be set up for a class action brought by farmers alleging they were unlawfully underpaid when Fonterra slashed milk prices and sought a “clawback” in 2016.

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Climate change class actions likely as court finds duty of care owed to children
Class Actions 2021-05-28 2:03 pm By Miklos Bolza

Class actions are the next battleground following Thursday’s Federal Court ruling that the government owes a duty of care to protect children from the risks of climate change, according to a number of legal experts.

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Silk Sue Chrysanthou must return brief in Christian Porter defamation case
Defamation 2021-05-27 5:02 pm By Cindy Cameronne

A judge has issued an injunction restraining barrister Sue Chrysanthou SC from acting for Christian Porter in his defamation case against the ABC.

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Court bars ex-Liberty Financial exec from jumping ship to competitor
Employment 2021-05-27 1:12 pm By Cat Fredenburgh

A judge has issued a temporary injunction barring a former manager from non-bank lender Liberty Financial from moving over to a unit of the Wingate Group, after hearing the company was “start-up facsimile” of Liberty which aimed to become a competitor in the future.

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Government owes duty of care to protect children from climate change, court rules
Energy & Natural Resources 2021-05-27 11:07 am By Miklos Bolza

The federal Minister for the Environment owes a duty of care to children who could suffer “catastrophic” harms from increased greenhouse gas emissions that would result from approving the expansion of Whitehaven’s Vickery coal mine, a judge has ruled.

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