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BHP class action to take fresh look at pleadings after failure of CBA cases
Class Actions 2024-07-18 1:28 pm By Cindy Cameronne

A shareholder class action against BHP has sought more time to finalise its pleadings ahead of trial, after a judge threw out two class actions against the Commonwealth Bank that also alleged continuous disclosure breaches.

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Opal Tower builder Icon, Liberty Mutual spar over class action legal bill
Insurance 2024-07-17 10:59 pm By Cindy Cameronne

The builder of Sydney’s troubled Opal Tower has brought a claim for indemnity against insurer Liberty Mutual, which has already agreed to pay out $22.5 million, claiming it is owed a total of $12.5 million for its costs in defending a class action by residents. 

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Champagne growers drop trade mark challenge on eve of trial
Intellectual Property 2024-07-11 11:23 pm By Cindy Cameronne

The French association representing wine producers from Champagne has discontinued its lawsuit against an Australian retailer after it agreed to only use seed extract from the Champagne region of France. 

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PayPal’s 60-day complaint deadline in small biz contracts unfair, judge says
Fintech 2024-07-05 3:27 pm By Sam Matthews

The corporate regulator has secrued orders barring fintech giant PayPal from enforcing a term in its contracts with small businesses that set a two-month deadline for complaints about excess fees.

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Mired in interlocutory skirmishes, protracted BHP class action just got more entangled
Class Actions 2024-06-20 11:48 pm By Christine Caulfield

BHP wants to appeal a decision giving a class action the OK to fix what a judge accepted was an “inadvertent mistake” that resulted in a ruling — itself the subject of an appeal — which limited the group member definition.

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ANZ says bailout by underwriters of $2.5B share placement not relevant to ASX
Securities 2024-05-23 11:41 pm By Sam Matthews

Challenging a ruling that it breached its continuous disclosure obligations, ANZ has argued on appeal that it did not need to inform the ASX of a bailout by the underwriters of a 2015 institutional share placement because the information didn’t go to the fundamental value of its shares.

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BHP fights class action’s bid to augment group after pleading mistake
Class Actions 2024-03-25 9:58 pm By Sam Matthews

A five-year-old class action against BHP over the collapse of a Brazilian dam is seeking to amend the group definition following a judgment limiting the class size, but the mining company says it should not be punished for the applicant’s pleading mistake.

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SingTel loses appeal in ATO case over deductions on $14B Optus acquisition
Tax 2024-03-08 10:18 pm By Sam Matthews

Telecommunications giant SingTel has lost its challenge a ruling in favour of the ATO’s decision to reject over $894,000 in tax deductions related to its $14.2 billion acquisition of Optus.

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Judge makes no bones about trashing ‘Melbourne bone and joint clinic’ trade mark
Intellectual Property 2024-02-08 1:45 pm By Sam Matthews

A Melbourne orthopaedic clinic has lost its bid to register the name ‘Melbourne Bone and Joint Clinic’ as a trade mark, with a judge finding the phrase was just an ordinary combination of words. 

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PepsiCo appeals loss in case over royalty withholding tax
Tax 2024-01-22 3:50 pm By Christine Caulfield

US drink giant PepsiCo has lodged an appeal of a court win for the Australian Taxation Office over payments made by Schweppes under a distribution agreement that were found to be subject to royalty withholding tax.

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