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Apple to seek stay of Epic Games competition lawsuit
Competition & Consumer Protection 2020-12-08 11:16 am By Cat Fredenburgh

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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Kogan hit with $350,000 penalty for misleading TAXTIME promotion
Competition & Consumer Protection 2020-12-07 1:07 pm By Cat Fredenburgh

Online retailer Kogan has been hit with a $350,000 penalty for misleading customers during its 2018 TAXTIME promotion by offering discounts on products whose prices had been inflated, far short of the $2 million penalty sought by the Australian Competition and Consumer Commission.

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Rio Tinto claims cut from Deloitte age discrimination lawsuit
Employment 2020-12-04 10:46 pm By Cat Fredenburgh

Deloitte Touche Tohmatsu has succeeded in striking out claims that it made misrepresentations to Rio Tinto when it appointed a partner nearing the mandatory retirement age to a five-year project with the mining giant.

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ACCC accuses CFMEU, Hutchinson of boycotting non-union subcontractor
Construction 2020-12-04 5:09 pm By Cat Fredenburgh

The ACCC has taken legal action against the CFMEU and national builder J Hutchinson for allegedly boycotting an independent subcontractor at a construction site in Brisbane.

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AMP to tell advisers exiting BOLR program about class action
Class Actions 2020-12-04 12:47 pm By Cat Fredenburgh

The parties in a class action against AMP over changes to its buyer of last resort policy have agreed to a communications protocol making settlement offers and for releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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‘She’s got a claim’: Judge rejects PwC’s bid to shut down ex-director’s lawsuit
Employment 2020-12-04 12:04 pm By Cat Fredenburgh

PricewaterhouseCoopers won’t get a chance to seek summary dismissal of a lawsuit brought by a former company director who claims her notice of termination through DocuSign was invalid and that she was denied entitlements, with a judge saying the former employee had a claim and that the parties needed to “just get on with it”.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Intellectual Property 2020-12-03 11:00 pm By Cat Fredenburgh

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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Brisbane cafe fined for paying workers in food and drink
Employment 2020-12-03 5:39 pm By Cat Fredenburgh

The Fair Work Ombudsman has won nearly $140,000 in penalties against a Brisbane cafe and its owners for paying workers partly in food and drink over the course of six months.

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Court grants Wyeth injunction in Prevnar 13 patent dispute
Intellectual Property 2020-12-03 4:53 pm By Cat Fredenburgh

A judge has enjoined Merck Sharpe and Dohme from launching its 15-valent pneumococcal conjugate vaccine after finding it would infringe claims of a Wyeth patent for its Prevnar 13 vaccine, despite MSD’s argument that barring it from launching the vaccine would be contrary to the public interest.

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