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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Competition & Consumer Protection 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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No fast end to McDonald’s hipster cafe trade mark dispute
Intellectual Property 2019-01-14 10:37 pm By Cat Fredenburgh

A David versus Goliath trade mark battle between an iconic Melbourne pub and McDonald’s over the global food giant’s new hipster cafe will continue, after the parties failed to reach an agreement to put the dispute to rest.

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Judge orders Rinehart family feud into arbitration
Energy & Natural Resources 2019-01-14 8:40 pm By Miklos Bolza

The Supreme Court of Western Australia has stayed counterclaims by Bianca Rinehart and John Hancock and sent a long-running Rinehart family dispute over control of valuable mining assets such as the Hope Downs iron ore mine into arbitration.

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Sandoz appeals loss in 15-year battle over Lexapro patent
Intellectual Property 2019-01-10 11:26 am By Christine Caulfield

Generic drug maker Sandoz is challenging a ruling that it infringed a patent behind Lundbeck’s blockbuster antidepressant Lexapro, reviving a 15-year fight over the lucrative intellectual property.

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Octaviar investors, class action funder dodge indemnity costs
Class Actions 2019-01-08 1:17 pm By Miklos Bolza

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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Ethicon wants class closure order in pelvic mesh case
Class Actions 2018-12-21 9:39 pm By Miklos Bolza

Johnson & Johnson unit Ethicon is seeking a class closure order in the pelvic mesh class action, as the company prepares to enter mediation.

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Telstra loses challenge to ‘Empires end’ ad ruling
Competition & Consumer Protection 2018-12-18 11:41 pm By Cat Fredenburgh

Telstra has lost an appeal of a ruling that rival Optus’ “Empires End” advertising campaign was not misleading or deceptive.

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ASIC sues AMP, Clayton Utz over fees for no service report docs
Financial Services 2018-12-17 12:45 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has instituted new proceedings against  AMP and its law firm Clayton Utz seeking documents related to the fees for no service investigation the law firm conducted for the wealth manager.

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Crown Resorts wins dispute over Barangaroo casino views
Construction 2018-12-14 5:26 pm By Miklos Bolza

James Packer’s Crown Resorts has won a lawsuit against the NSW government for allegedly failing to protect sweeping views of the Sydney Harbour from its planned luxury casino in the Barangaroo area.

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Takata air bag class actions can claim car makers’ silence was deceptive
Class Actions 2018-12-12 10:05 pm By Miklos Bolza

Seven class actions against auto makers that sold cars equipped with defective Takata airbags can allege the car makers’ silence constituted misleading and deceptive conduct.

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