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Murray Goulburn’s former top execs banned from managing companies
Agriculture 2020-11-13 10:31 pm By Christine Caulfield

Murray Goulburn’s former managing director Gary Helou and chief financial officer Brad Hingle have been disqualified from heading up companies after they were found to have breached the Corporations Act for their role in the milk supplier’s repeated failure to disclose an expected material decrease in the milk supplier’s earnings guidance for 2016.

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Court of Appeal upholds declaration that funding agreement is valid
Expert Insights 2020-11-13 9:25 pm By Editor

The class members in the Gladstone Fisheries class action and their funder LCM Operations have successfully upheld in the Court of Appeal a declaration confirming the enforceability of the funding agreements in the case. This is an important decision, which validates the third party funding of class actions and puts to bed any residual arguments regarding the continuing effect of the medieval torts of maintenance and champerty on class action funding arrangements, says Susanna Taylor, LCM’s head of investment, APAC.

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7-Eleven to face new unconscionability claims in franchisee class action
Class Actions 2020-11-13 9:18 pm By Miklos Bolza

Two class actions on behalf of 7-Eleven franchisees plan to expand their case against the convenience store chain by adding new allegations of systemic unconscionable conduct.

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McDonald’s franchisee hit with $82,000 penalty for ‘systemic’ denial of drink and toilet breaks
Employment 2020-11-13 8:38 pm By Cat Fredenburgh

A McDonald’s franchisee has been ordered to pay $82,000 in penalties for systemically denying workers drink and toilet breaks and misleading them about their break entitlements, providing fuel for a class action investigation into the US fast food chain for allegedly denying workers rest breaks.

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GetSwift’s mid-litigation relocation bid ‘not a good look’, judge says
Corporate 2020-11-13 5:54 pm By Miklos Bolza

A judge said Friday that a bid by last-mile logistics software firm GetSwift to relocate to Canada as it faces a potential $20 million civil penalty from ASIC and a $50 million class action was “not a good look”.

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Pfizer loses discovery lawsuit against Sandoz over Enbrel biosimilar
Intellectual Property 2020-11-13 4:58 pm By Cat Fredenburgh

A judge has dismissed Pfizer’s bid for preliminary discovery to pursue a possible patent infringement case against drug maker Sandoz over a generic version of its blockbuster rheumatoid arthritis biologic Enbrel.

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High Court won’t hear Kraft, Bega peanut butter trade dress dispute
Appeals 2020-11-13 4:27 pm By Cat Fredenburgh

The High Court won’t wade into Kraft-Heinz’s intellectual property dispute with Bega after the US food giant came up short twice its battle over the right to use its peanut butter trade dress in Australia.

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‘Industrial activity’ under Fair Work Act doesn’t extend to spat over worksite amenities, court says
Employment 2020-11-12 7:25 pm By Christine Caulfield

In an important ruling that confines the scope of “industrial activity” under the Fair Work Act, the Full Federal Court has overturned a $50,000 fine against the CFMEU and two officials for organising a work stoppage at a Brighton construction site that the union said needed a female toilet.

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GetSwift assures court it is indemnified for judgments in ASIC case, class action
Securities 2020-11-12 6:07 pm By Miklos Bolza

Last-mile logistics software firm GetSwift has offered a last minute undertaking that it will be covered for any judgments and penalties in a class action and ASIC case, after a judge expressed concerns about the company’s bid to redomicile to Canada amid the ongoing litigation.

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Allianz hit with second class action over ‘junk’ car insurance
Class Actions 2020-11-12 5:54 pm By Miklos Bolza

A second class action has been filed against insurance giant Allianz seeking compensation for consumers alleged to have been ripped off by “worthless” add-on car insurance.

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