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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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ASIC brings first-ever financial penalty case for alleged claims handling breach
ASIC 2022-12-08 5:07 pm By Cindy Cameronne

The Australian Securities and Investments Commission has brought proceedings against insurance company OnePath Life, marking the first time the corporate regulator is seeking financial penalties for an alleged failure to act with utmost good faith during claims handling.

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High Court won’t hear appeal of security for costs order in Westconnex class action
High Court 2022-12-08 5:38 pm By Cindy Cameronne

The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Trials 2022-12-07 4:38 pm By Cindy Cameronne

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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‘Spectre’ of business interruption class actions laid to rest with test cases, insurers argue
Insurance 2022-12-06 10:26 pm By Cindy Cameronne

Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed. 

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Boral’s privilege claim upheld over EY investigation in shareholder class action
Securities 2022-12-06 10:09 pm By Cindy Cameronne

Boral has won its bid to shield from shareholders in a class action three investigative reports, including one by accounting giant EY, concerning financial irregularities in the construction company’s North America windows business.

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Telstra on the outs with ACCC over Belong broadband speed claims
Competition & Consumer Protection 2022-12-06 3:31 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has brought proceedings against Telstra alleging it misled almost 9,000 customers about the upload speed of its budget internet provider Belong. 

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Contradictor blasts Shine’s ‘wholly unreasonable’ $100M legal bill in J&J class actions
Class Actions 2022-12-05 11:15 pm By Cindy Cameronne

A contradictor in two pelvic mesh class actions against Johnson & Johnson has opposed Shine Lawyers recovering $100 million in costs from a $300 million settlement, which a judge has preliminarily found is not fair and reasonable to group members.

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Santos loses appeal over $4.7B Barossa offshore drilling project
Energy & Natural Resources 2022-12-02 1:14 pm By Cindy Cameronne

Santos has lost its challenge to a judge’s decision to revoke approval for its $4.7 billion offshore gas project because Tiwi Islanders were not properly consulted about the project.

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Grant Thornton sued by Quantum Graphite over 14-month trading suspension
Professional Negligence 2022-12-02 10:56 pm By Cindy Cameronne

Mining company Quantum Graphite has filed proceedings against accounting firm Grant Thornton over a 2020 report that caused the Australian Stock Exchange to suspend trading in the mining company’s securities for 14 months.

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