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Novel argument doesn’t save Gladstone Ports class action from costs, court says
Class Actions 2021-03-22 8:59 pm By Christine Caulfield

A judge has ruled the plaintiffs in the Gladstone Ports class action cannot reserve the legal costs of an application to avoid disclosure of expert reports, despite finding they had raised a novel issue.

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Judge throws out lawsuit accusing Sydney solicitors of unconscionable conduct
Business of Law 2021-03-22 5:21 pm By Miklos Bolza

A Sydney law firm has successfully defended a NSW Supreme Court lawsuit by angry former clients who tried to overturn a $492,000 settlement and accused the firm of a breaching its fiduciary duties and unconscionable conduct.

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ACCC detergent cartel case not doomed to fail, court says in refusing Cussons indemnity costs
Competition & Consumer Protection 2021-03-22 5:18 pm By Christine Caulfield

PZ Cussons has lost its bid for indemnity costs against the ACCC, with a judge saying the consumer watchdog’s case over an alleged laundry detergent cartel was “significantly wanting” but not hopeless or doomed to fail.

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Goodman Fielder sues Arnott’s over ‘deceptively similar’ trade mark
Intellectual Property 2021-03-22 3:39 pm By Miklos Bolza

Singapore-owned food and beverage company Goodman Fielder has filed a trade mark infringement lawsuit against Arnott’s and Campbells after the two companies applied to register a trade mark that was one letter different to its own.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Judge wants lawyer’s view on funding commission before approving $50M Vocation settlement
Class Actions 2021-03-22 11:46 am By Christine Caulfield

The judge considering the $50 million settlement reached in the shareholder class action against failed training company Vocation and auditor PricewaterhouseCoopers has signalled his likely approval of the deal, but wants a senior lawyer to tell the court why the funding commission is reasonable.

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Qantas dispute with exec that jumped ship to Virgin to be heard in Singapore
Employment 2021-03-19 11:09 pm By Cat Fredenburgh

A judge has ruled a legal stoush between Qantas and former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore because it falls under an exclusive jurisdiction clause in his employment agreement.

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Potential class action against defunct fund manager Blue Sky gets major boost
Securities 2021-03-19 10:42 pm By Christine Caulfield

A law firm may soon have more ammunition to back a potential shareholder class action against Blue Sky Alternative Investments, its former directors and auditor Ernst & Young.

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Indonesian seaweed farmers win class action over major oil spill
Class Actions 2021-03-19 10:13 pm By Cat Fredenburgh

Thousands of Indonesian seaweed farmers have won a class action against PTTEP Australasia over one of Australia’s largest oil spills, with a judge finding the oil exploration company breached its duty of care to the farmers and damaged their livelihoods.

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Daily Mail to use Footy Show segment in Erin Molan defamation fight
Defamation 2021-03-19 10:07 pm By Cindy Cameronne

The Daily Mail wants to question sports presenter Erin Molan over a segment on Nine’s The Footy Show four years ago in which she laughed at an off-colour joke, as part of the publisher’s truth defence to Molan’s claims that she has been falsely labelled a racist.

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