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Meta can’t be left in the dark about ACCC’s crypto ads case, judge says
Competition & Consumer Protection 2024-08-12 2:59 pm By Sam Matthews

The consumer regulator must identify the advertisements it relies on to prove its case against Meta over scam cryptocurrency ads on Facebook, with a judge saying the social media giant should know the case it has to meet.

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‘Suboptimal’: Judge takes Monsanto to task for its approach in Roundup class action
Class Actions 2024-08-09 11:32 pm By Sam Matthews

Deciding an “unusually difficult” costs application, a judge has declined to award Monsanto all of its costs for defending a class action alleging its Roundup weed killer is carcinogenic, saying the agrochemical giant should have pushed harder for a split trial. 

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ATO asks High Court to reverse PepsiCo’s win on royalty withholding tax
Intellectual Property 2024-08-09 11:41 pm By Sam Matthews

The tax office has asked the High Court to overturn a decision which found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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Telstra fights silk’s claims over email bounce-back
Competition & Consumer Protection 2024-08-09 11:49 pm By Sam Matthews

Telstra has hit back at a senior barrister’s suit alleging it flags his emails to Bigpond addresses as spam and fails to send them, saying the problem has already been fixed. 

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Judge reluctant to allow startup to cross-examine Fortescue’s IP lawyer
Intellectual Property 2024-08-08 11:24 pm By Sam Matthews

A judge appears reluctant to allow Element Zero to cross-examine an external lawyer hired by mining company Fortescue over alleged “egregious material non-disclosure” during Fortescue’s bid for “extreme and unorthodox” search orders against the green startup’s founders.

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Allens, Harmers in crosshairs of Super Retail’s feud with former chief legal officer
Employment 2024-08-07 11:49 pm By Sam Matthews

Super Retail Group has made a bid to disqualify the solicitors of its former chief legal officer, who has sued the company to enforce an alleged settlement. But the Rebel Sport owner may have to defend a duelling application to disqualify its own solicitors, from Big Six firm Allens.

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Quintis class action settlement sum revealed, rival funder wants piece
Class Actions 2024-08-07 11:33 pm By Sam Matthews

A $13.5 million settlement has been reached in a Gadens-led class action against former Quintis director Frank Wilson, and the funder of a rival class action is preparing to seek a chunk of the sum in what a judge has called a “most unusual circumstance”.

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Judge recuses himself from CFMEU administration case
Employment 2024-08-06 2:11 pm By Sam Matthews

As the Fair Work Commission takes its plan to appoint an administrator to the construction division of the CFMEU to court, a judge has recused himself from hearing the case after acting against the union while at the bar. 

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Asiago producers’ arguments against Sartori cheese trade mark stink, delegate finds
Intellectual Property 2024-08-06 11:38 pm By Sam Matthews

IP Australia has rejected an Italian cheese lobby’s bid to block an American cheese maker from using a trade mark containing the word ‘asiago’, saying there was “very little evidence” Australians were aware of the cheese at all.

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High Court appeal seeks total knockout of common fund orders
Appeals 2024-08-05 11:16 pm By Sam Matthews

The High Court has been asked to overturn a Full Court decision finding lawyers can take a cut from a class action settlement under a solicitors’ common fund order and to finally settle the question of whether the court has the power to issue common fund orders at all.

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