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Ruby Princess COVID-19 outbreak ‘no accident’, class action trial hears
Class Actions 2022-10-12 9:02 pm By Cindy Cameronne

A COVID-19 outbreak aboard the Ruby Princess that left 28 people dead was “something that was very likely to happen” and the cruise should never have sailed, a court heard as a class action trial against Carnival PLC kicked off.

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‘Utterly hopeless’: Ex-commando pans ABC’s truth defence to war crimes coverage
Defamation 2022-10-12 3:40 pm By Cindy Cameronne

A former special forces commander who has sued the Australian Broadcasting Corporation over stories that allegedly imply he committed war crimes in Afghanistan is seeking to throw out the broadcaster’s truth defence, a court has heard.

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Kraft prevails in fight with Italian cheese makers over ‘parmesan’ trade mark
Intellectual Property 2022-10-11 3:55 pm By Cindy Cameronne

A consortium of parmigiano reggiano producers has lost its challenge to Kraft Foods’ ‘Kraft parmesan cheese’ trade mark after an IP Australia delegate found that customers would be “sceptical” that the product was Italian.

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Employsure suffers partial loss in appeal by defecting employees
Employment 2022-10-11 5:20 pm By Cindy Cameronne

Workplace relations heavyweight Employsure has suffered a partial defeat in appeals brought by rival ELMO Software and two former employees seeking to jump ship to a competitor.

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Howden can’t use expert report in ‘wasteful’ patent application against Minetek
Intellectual Property 2022-10-11 12:20 pm By Cindy Cameronne

A judge has refused a bid by manufacturer Howden to use an expert report before IP Australia in a dispute accusing rival Minetek of misappropriating confidential information for an industrial fan patent, saying it was “wasteful” when a similar dispute was already before the court.

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Boston Scientific drops gag clause from $105M settlement after judge airs concerns
Class Actions 2022-10-10 2:40 am By Cindy Cameronne

US medical device manufacturer Boston Scientific has withdrawn a controversial gag clause from of its $105 million deal to settle a class action by women allegedly injured by pelvic mesh devices after a judge raised concerns about its legality.

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Court finds Globaltech, Boart Longyear infringed mining patent
Intellectual Property 2022-10-10 11:50 pm By Cindy Cameronne

A judge has found mining tool company Globaltech and mineral exploration company Boart Longyear infringed a patent for a mining tool owned by Australian Mud Company.

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Judge holidaying with Maddocks CEO won’t recuse himself from law firm client’s case
Legal Ethics 2022-10-07 11:41 pm By Cindy Cameronne

A judge has rejected a bid for his recusal from a contractual dispute in which Maddocks is acting, despite his personal friendship and holiday plans with the law firm’s CEO. 

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Law firm loses fight over legal fees in Romeo’s class actions
Class Actions 2022-10-06 3:18 am By Cindy Cameronne

A judge has rejected a class action law firm’s challenge to her decision to slash its fees in two underpayments class actions against supermarket chain Romeo’s after finding it “seriously breached” rules of the legal profession. 

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Judge OKs $2.2M settlement in Drakes class action but questions law firm’s costs
Class Actions 2022-10-06 11:26 pm By Cindy Cameronne

A judge has approved a $2.2 million settlement in a class action on behalf of Drakes store managers who were allegedly underpaid but has deferred her approval of fees charged by the law firm — the same firm that saw its fees cut in two similar class actions.

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