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Horse vaccine class action gets chance to add sample group member to bring ‘valid’ consumer claim
Class Actions 2019-06-04 9:19 pm By Amelia Birnie

Noting the relevant three-year limitations provision was “quite unusal”, the judge overseeing a consumer class action against horse vaccine manufacturer Zoetis has given the class a chance to add a second applicant to the case, after it was revealed that part of the lead applicant’s claim was out of time. 

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Monsanto faces first Australian lawsuit over RoundUp weedkiller
Product Liability 2019-06-04 8:53 pm By Amelia Birnie

Melbourne-based Carbone Lawyers has filed the first Australian lawsuit against agribusiness giant Monsanto linking the company’s popular weedkiller RoundUp to cancer.

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Botox alternatives likened to ‘iPhone accessories’ as trade mark trial kicks off
Intellectual Property 2019-06-03 11:24 pm By Amelia Birnie

In its opening submissions in a trade mark case brought by Botox maker Allergan, Australian cosmetics brand Self Care compared its used of the word Botox to describe its alternative cosmetic products to the iPhone secondary accessories market, saying its use did not imply an affiliation with the injectable wrinkle treatment’s maker.

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Piper Alderman partner rejected offer to leave on a ‘dignified basis’, court told
Business of Law 2019-06-03 9:22 pm By Amelia Birnie

A senior Piper Alderman partner who has launched a sex discrimination case against the law firm rejected “reasonable settlement offers” that would have allowed her to leave the partnership on a “dignified basis”, counsel for the firm has told a court.

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Judge hits funder-backed Appco class action with costs despite ‘no costs’ rule
Class Actions 2019-05-31 5:07 pm By Amelia Birnie

A judge has hit the applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual “no costs” rule in Fair Work cases had less force in actions backed by third party litigation funders.

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Piper Alderman says costs breach in KPMG class action ‘obviously accidental’
Class Actions 2019-05-31 2:42 pm By Amelia Birnie

Piper Alderman has urged a judge to excuse its “obviously accidental” breach of legal profession costs regulations in its Discovery Metals investor class action against KPMG, warning that group members could suffer detriment if its $3.5 million legal bill was not approved quickly.

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No more shots in Russian vodka trade marks case
Intellectual Property 2019-05-30 9:33 pm By Amelia Birnie

A dispute over allegedly stolen Russian vodka trade marks has been permanently stayed as an abuse of process, after the Russian Federation failed to provide adequate discovery of relevant materials.

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Iluka class action lands new funder, but $1.25M security outstanding
Class Actions 2019-05-30 8:49 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have been given a two month extension to provide a $1.25 million security for costs, after they managed to secure an in-principle deal with a new litigation funder.

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Motorola accuses Hytera of ‘industrial espionage on a grand scale’
Intellectual Property 2019-05-30 8:37 pm By Amelia Birnie

Motorola has slammed Hytera for engaging in “industrial espionage on a grand scale”, after more than a thousand Motorola-branded documents were found in the possession of the Chinese radio maker.

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Garuda hit with $19M penalty for air cargo price-fixing
Competition & Consumer Protection 2019-05-30 10:46 am By Amelia Birnie

Indonesian national airline Garuda has been slapped with a $19 million penalty in the ACCC’s decade-long global cartel case over air cargo price-fixing, bringing the total penalties won by the competition regulator over the cartel to $132.5 million.

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