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Westpac has recently agreed to pay a combined $23.25 million to settle two class actions against it, cutting the number of class actions the bank is facing in half.
IP Australia has dismissed opposition by British American Tobacco to a patent sought by rival cigarette company Philip Morris that covers a resealable cigarette packet that claims to provide an improved experience for smokers.
A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right under the doctrine of election. Recently, the NSW Court of Appeal applied the principles of election to a complex factual scenario and the lesson from the decision is this -- if you have a right to terminate a contract, you should expressly communicate your intentions to the other party as soon as possible after the right to terminate enlivens, says McCabe Curwood managing principal Andrew Lacey.
The NSW Supreme Court has ordered the lead plaintiff in a class action over the Sydney light rail construction project to pay $1.25 million in security for costs to Transport for NSW ahead of discovery, which is expected to cost $2.26 million.
A Sydney-based law firm has over 200 lawsuits in the pipeline against medical professionals across the country seeking compensation for injuries caused by allegedly dangerous pelvic mesh implants.
Arguing the pleadings are "evasive or ambiguous", Domino's Pizza has made a bid to strike out the statement of claim filed in a class action alleging franchisees underpaid thousands of workers across Australia for five years.
Six individuals interviewed by ASIC in relation to the collapse of sandalwood producer Quintis have sought leave to intervene in the regulator's case against the company's founder, Frank Wilson, after he sought discovery from ASIC of interview transcripts.
Two competing shareholder class actions against developer Lendlease have been locked in for a beauty parade before the judge who recently forced the consolidation of three class actions against engineering firm RCR Tomlinson.
A class action against National Australia Bank over allegedly worthless consumer credit insurance could be referred to the Full Federal Court just three months out from trial, amid concerns that the class action was not validly commenced.
The applicants in the Radio Rentals “Rent, Try $1 Buy” class action have flagged the potential for prejudice caused by the respondents’ late evidence, with concerns about their capacity to be ready by the looming trial date if ongoing settlement negotiations hit a dead-end.