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‘Missed the mark’: Qantas loses urgent appeal in spat with Virgin-bound exec
Employment 2021-03-26 6:41 pm By Cindy Cameronne

An appeals court has upheld a ruling that Qantas’ dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore because it falls under an exclusive jurisdiction clause in his employment agreement.  

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ASIC triumphs in ‘bad advice’ case against IOOF unit
Financial Services 2021-03-24 12:29 pm By Miklos Bolza

A former financial advisor employed by an IOOF unit accused of taking hefty commissions for steering investors towards risky investments contravened the financial advice provisions of the Corporations Act, a judge has found.

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‘Troubled’ by costs in Monsanto class action, judge wants initial trial on Roundup cancer risk
Class Actions 2021-03-23 2:18 pm By Miklos Bolza

The judge overseeing a class action against Bayer-owned Monsanto has suggested a hearing by the end of the year on the cancer risks of the company’s Roundup products, saying judgment on that question would either encourage the proceedings to settle or end the case.

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Judge wants lawyer’s view on funding commission before approving $50M Vocation settlement
Class Actions 2021-03-22 11:46 am By Christine Caulfield

The judge considering the $50 million settlement reached in the shareholder class action against failed training company Vocation and auditor PricewaterhouseCoopers has signalled his likely approval of the deal, but wants a senior lawyer to tell the court why the funding commission is reasonable.

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JPMorgan wants to have its cake and eat it too in ANZ cartel case, court hears
Competition & Consumer Protection 2021-03-19 7:04 pm By Miklos Bolza

Whistleblower JPMorgan can’t be a witness in a criminal cartel case over a $2.5 billion ANZ share placement that has ensnared several investment banks and top executives and claim privilege over witness statements relevant to the case, a court has heard.

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‘Disturbing number of similarities’: Judge slaps interim injunction on ‘RestQ’ trade mark use
Intellectual Property 2021-03-17 8:33 pm By Cindy Cameronne

A judge has issued an injunction temporarily barring use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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Monsanto class action judge won’t rule on expert evidence in novel hearing
Class Actions 2021-03-11 10:07 pm By Christine Caulfield

A judge overseeing a class action against Bayer-owned Monsanto over its allegedly carcinogenic weedkiller, Roundup, has declined to rule on the admissibility of expert evidence in a hearing ahead of trial next year, despite concerns about the independence of the expert witnesses for the class.

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‘Insureds are not only risks; they are people’: Judge slams TAL’s treatment of cancer patient’s claim
Chief Justice James Allsop 2021-03-10 10:28 pm By Cindy Cameronne

In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.

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Herbert Smith Freehills says Arrium lenders ‘a million miles away’ from properly run case
Restructuring & Insolvency 2021-03-04 6:54 pm By Miklos Bolza

Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.

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Former Arrium group treasurer rejects liquidators’ ‘infected’ insolvency case
Restructuring & Insolvency 2021-03-03 6:16 pm By Miklos Bolza

The former group treasurer of collapsed steel giant Arrium has hit back at claims brought by the company’s liquidators that it was trading while insolvent, arguing the case had been ‘infected’ by evidence from an expert who was also a plaintiff in the case.

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