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Commonwealth planning High Court appeal of Navy class action revival
Appeals 2019-06-14 1:44 pm By Miklos Bolza

The Commonwealth of Australia is preparing a special leave application to the High Court challenging a NSW Court of Appeal decision reviving a class action brought on behalf of sailors over an allegedly broken Navy training promise.

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ASIC narrowly loses High Court appeal in outback book-up case
Appeals 2019-06-12 8:53 pm By Miklos Bolza

The Australian Securities and Investments Commission has narrowly lost its High Court appeal of a ruling that found the owner of a South Australian outback general store had not acted unconscionably by selling used cars through a “book-up” system.

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Kraft, Bega to go another round in epic peanut butter trade dress battle
Appeals 2019-06-06 9:13 pm By Cat Fredenburgh

The long-running dispute between Kraft Foods and Bega over who owns the rights to use the signature Kraft peanut butter trade dress in Australia is not over, with Kraft appealing a ruling that found Bega had acquired the rights to the trade dress when it purchased Kraft unit Mondelez’s Australian and New Zealand business in 2017.

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Judges shoot down last-minute bid to amend Adani native title appeal
Appeals 2019-06-05 12:12 pm By Amelia Birnie

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland have lost an eleventh hour bid to add extra grounds to their native title appeal, as they wait for a decision from the Full Federal Court.

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Novartis appeals IP Australia decision invalidating MS drug patent
Intellectual Property 2019-06-03 4:11 pm By Cat Fredenburgh

Novartis has launched an appeal following a ruling by IP Australia that a proposed patent for an oral form of its top-selling multiple sclerosis drug Gilenya is invalid for lack of inventive step.

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Class action by sailors over broken Navy training contract revived on appeal
Appeals 2019-05-31 11:55 pm By Christine Caulfield

An appeals court has overturned a decision dismissing a class action on behalf of enlisted Navy sailors alleging the Commonwealth of Australian breached a contract to train them to earn engineering degrees.

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Maurice Blackburn gets second shot at pursuing class action against BHP
Appeals 2019-05-28 9:18 pm By Christine Caulfield

Maurice Blackburn has partly prevailed in an appeal of a judge’s decision to put the brakes on its shareholder class action against BHP while greenlighting a competing case brought by Phi Finney McDonald, with an appeals court ordering the rival law firms to negotiate a deal to consolidate their litigation.

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Appeals court in BHP class action battle questions superiority of no win, no fee model
Appeals 2019-05-27 11:45 pm By Christine Caulfield

Maurice Blackburn’s funding model rejected by a judge overseeing a beauty parade of class actions against BHP appeared structured to incentivise the firm to push up its legal fees, an appeals court said Monday on the first day of a high stakes hearing challenging a decision to shut down two of three competing cases against the mining giant.

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Banknote maker CCL Secure wins dramatic cut of $65M judgment in ‘shabby fraud’ case
Appeals 2019-05-24 10:35 pm By Miklos Bolza

An appeals court has slashed a damages judgment against international banknote manufacturer CCL Secure in a case alleging it tricked its Nigerian agent into signing away his commission, cutting the award from $65 million to $1.8 million.

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ACCC loses ‘spoke and hub’ laundry cartel case
Competition & Consumer Protection 2019-05-24 3:58 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short in its appeal of a ruling that found it had produced insufficient evidence of a laundry detergent cartel, in the first so-called hub and spoke case brought by the competition regulator.

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