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Picking class action winner on strength of law firm’s experience entrenches dominance, appeal says
Class Actions 2024-01-31 11:24 pm By Christine Caulfield

A law firm that lost a contest to run a class action against Toyota unit Hino has appealed a decision to give the case to a larger rival based on past experience, saying the ruling would act as a deterrent to smaller firms wanting to enter the market for group proceedings.

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‘Nothing that I can do’: Judge reluctantly imposes $1.8M penalty on Westpac in Ausgrid case
Financial Services 2024-01-31 12:41 pm By Cindy Cameronne

A judge has reluctantly hit Westpac with a $1.8 million penalty after the bank admitted to unconscionable conduct when trading on the morning of a $16 billion deal to privatise electricity provider Ausgrid, saying it was the maximum fine allowed under the relevant law.

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AI copyright claims could have edge in Australia, experts say
Analysis 2024-01-31 9:46 pm By Sam Matthews

Australian IP lawyers are closely watching The New York Times’ copyright lawsuit seeking billions in damages from OpenAI and Microsoft, but it remains to be seen whether Australia will become a favoured jurisdiction for similar suits or be left playing catch up, experts say.

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New owners of Nature’s Care face Wu family’s ‘nasty surprise’
Corporate 2024-01-31 10:57 pm By Cindy Cameronne

The current owners of vitamin giant Nature’s Care have won an urgent injunction against the company’s founding family, after a judge said it appeared they were trying to regain control of the corporate group.

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‘Turning around the Titanic’: Telstra fights bid to halt switch to new contractor
Telecommunications 2024-01-31 4:35 pm By Cindy Cameronne

Telstra will oppose a bid by former contractor Kingfisher Mobile to bar the telco from migrating customers to a new mobile services provider, saying that undoing the move would be like “turning around the Titanic”. 

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Franchisee class action against Hog’s Breath Cafe thrown out
Class Actions 2024-01-30 5:25 pm By Cindy Cameronne

A judge has dismissed a franchisee class action against the Hog’s Breath Cafe restaurant chain after the lead applicants failed to hand over $1.23 million in security for costs.

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Contingent nature of deal with law firm no excuse for liquidator’s late approval bid: court
Restructuring & Insolvency 2024-01-30 11:28 pm By Cindy Cameronne

A judge has refused to retroactively approve a conditional costs agreement between a liquidator and a Sydney law firm to pursue claims against a former director and employee of defunct project management firm AJW, rejecting as misconceived the claim that approval had utility only after a settlement.

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Finish maker Reckitt won’t drop court battle with Proctor & Gamble
Competition & Consumer Protection 2024-01-30 11:04 pm By Christine Caulfield

Finish detergent maker Reckitt Benckiser has thrown the latest punch in a long-running grudge match against rival Proctor & Gamble, with RB challenging a ruling that it made misleading claims about its popular dishwashing product.

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‘Disrespectful to the court’: Judge swipes at insurer for radio silence
Insurance 2024-01-29 1:50 pm By Sam Matthews

The judge overseeing a suite of cases brought by holidaymakers who were seriously injured in a fatal bus collision in Vanuatu has hit out at QBE for ignoring queries about an insurance policy, as the defendants in the case scramble pass the buck for the crash. 

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No scope in Patents Act for holding directors jointly liable for unjustified threats: court
Intellectual Property 2024-01-29 3:33 pm By Cindy Cameronne

A letter by King & Wood Mallesons was an unjustifiable threat of patent litigation against car accessories company Clearview, as was an announcement by the firm’s client MSA, but MSA’s director cannot be held liable as a joint tortfeasor under the Patents Act, a judge has found.

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