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High Court takes up challenge to AMP class action beauty parade
Appeals 2020-04-17 2:15 pm By Christine Caulfield

The High Court has agreed to weigh in on a decision last year to pick Maurice Blackburn’s case as the winner of a beauty parade of shareholder class actions against AMP over the wealth manager’s controversial fees for no service.

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Bega triumphs again in $60M battle over peanut butter IP rights
Intellectual Property 2020-04-14 3:47 pm By Cat Fredenburgh

Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.

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‘This is the reality of litigation in Australia’: Class action clashes with Ford over virtual trial
Trials 2020-04-09 9:59 pm By Christine Caulfield

Arguing that the court should not be “baulking at problems that have the potential to occur”, counsel for a class action against Ford is pushing back against a bid by the car maker to put the brakes on an upcoming virtual trial the company says will be too difficult and costly.

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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
Trials 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Land developer Tina Bazzo loses fight to keep liquidators’ examinations secret
Restructuring & Insolvency 2020-04-09 4:30 pm By Christine Caulfield

WA-based land developer Tina Bazzo and her partner Allen Caratti have failed in their challenge to a ruling that liquidators’ examinations should not be held in private despite a large scale ongoing criminal investigation of the pair.

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Aldi takes another shot at misleading conduct case against TWU
Appeals 2020-04-07 6:01 pm By Miklos Bolza

German grocery store Aldi Foods has appealed a Federal Court decision dismissing its case against the Transport Workers Union on a “legal technicality” despite a finding that material disseminated by the union was likely to mislead.

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ACCC was unreasonable to pursue cartel appeal, Cussons says
Competition & Consumer Protection 2020-04-03 9:54 pm By Miklos Bolza

Personal healthcare giant PZ Cussons is seeking indemnity costs from the ACCC, claiming the regulator unreasonably rejected a settlement offer in its case over an alleged laundry detergent cartel.

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Sparke Helmore says it should have to pay no more than $7.6M of IOOF judgment
Appeals 2020-04-03 9:24 pm By Alison Eveleigh

Sparke Helmore has admitted that legal advice it provided to IOOF subsidiary Australian Executor Trustees was inadequate but has argued it should be responsible only for up to 10 per cent of the $76.6 million judgment against AET over the sale of a timber plantation by collapsed forestry giant Gunns Group.

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Sparke Helmore equally responsible for $76M judgment against IOOF unit, court hears
Appeals 2020-04-02 10:37 pm By Alison Eveleigh

Sparke Helmore is equally responsible for a $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by collapsed forestry giant Gunns Group, an appeals court heard Thursday.

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COVID-19 pandemic no excuse to delay $2.5B Icthys LNG case, judges say
Energy & Natural Resources 2020-03-31 3:25 pm By Alison Eveleigh

An appeals court has found that parties forced to conduct hearings via telephone or video conference in the wake of the COVID-19 pandemic are not disadvantaged by the new arrangements, refusing to delay the appeal of a $2.5 billion contractual dispute concerning the Ichthys gas project in the Northern Territory until the parties can appear in person before the court.

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