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Mercedes-Benz to argue Takata airbags recall was invalid
Competition & Consumer Protection 2022-04-01 1:39 pm By Cat Fredenburgh

Mercedes-Benz will defend ACCC proceedings alleging it exposed consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags by arguing the recall was invalid.

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KPMG liquidators can’t dodge examination over handling of Jewel of India sale
Restructuring & Insolvency 2022-03-31 5:38 pm By Cindy Cameronne

Liquidators for ready-made meals producer Jewel of India have lost their bid to dodge public examination over their alleged poor handling of the business’ sale and failure to investigate potential claims against the Commonwealth Bank.

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Insurer on hook for doctor’s costs in breast implant class action
Insurance 2022-03-31 1:59 pm By Sam Matthews

An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.

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Class action’s bid for ‘invasive’ search of Merivale’s payroll data fails
Class Actions 2022-03-31 12:42 pm By Cindy Cameronne

A judge has denied an “invasive” bid to search hospitality giant Merivale’s payroll systems ahead of an upcoming mediation in a $129 million underpayment class action covering 13,500 employees.

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High Court won’t hear ALP members’ challenge to federal takeover of election
High Court 2022-03-31 10:49 pm By Cat Fredenburgh

The High Court has declined special leave to members of the Victorian Labor party to challenge a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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Securing ACCC nod for patent settlement with rivals no easy task, first draft decision shows
Intellectual Property 2022-03-31 1:42 pm By Editor

The competition regulator has proposed to deny authorisation for a patent settlement that sought to permit early entry of generic drugs. Whether the companies involved will be able to quell the ACCC’s concerns remains to be seen, but what is clear is that future authorisation applications will contend with significant forensic challenges, writes Corrs Chambers Westgarth’s Odette Gourley, Richard Flitcroft, David Fixler and Ian Reynolds.

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7-Eleven class action lawyer accused of retaliation, deliberate late billing
Class Actions 2022-03-30 9:39 pm By Cindy Cameronne

A solicitor running two franchisee class actions against 7-Eleven “retaliated” against a group member who objected to a $98 million settlement and issued a late $6.5 million legal bill to benefit a litigation funder, a court has heard.

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Opal Tower engineer takes insurers to court over class action coverage
Insurance 2022-03-30 1:50 pm By Cat Fredenburgh

The structural engineer behind Sydney’s Opal Tower has taken builder Icon’s insurers to court, arguing they should cover its costs in a class action brought on behalf of residents of the ill-fated building and related litigation.

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Romeo’s class action settlement issues put approval in doubt, judge says
Class Actions 2022-03-30 6:52 pm By Christine Caulfield

Questions raised about the structure of a settlement of two wage class actions against supermarket chain Romeo’s don’t just threaten to reduce the law firm’s costs but could derail the whole agreement, a judge has said.

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Former Australian cricket captain may take stand in harassment case over lewd texts
Employment 2022-03-30 4:46 pm By Sam Matthews

A court has heard that Cricket Tasmania may call former Australian test captain Tim Paine to give evidence in the witness box at a trial in a sexual harassament case by former receptionist Renee Ferguson against cricket players and senior managers.

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