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Boral fails to limit class action to registered shareholders until judgment
Class Actions 2023-10-31 5:11 pm By Sam Matthews

In a shareholder class action targeting Boral, the construction materials giant has lost a bid to limit the class to registered group members until judgment, with a judge saying there was no reason to keep the class closed after mediation.

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Court tosses lawsuit over $55M sale of Queensland shopping centre
Real Estate 2023-10-31 4:09 pm By Sam Matthews

A judge has thrown out a lawsuit over the $55 million sale of Queensland shopping centre brought by an arm of Elanor Investors Group, clearing the vendor and its agent of allegedly misleading or deceptive conduct.

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Carnival points finger at passengers in norovirus class action
Class Actions 2023-10-30 11:34 pm By Sam Matthews

Carnival has pointed the finger at passengers in response to a class action over norovirus outbreaks on its Sun Princess cruise ship, a defence that recently flopped in a separate class action over a COVID-19 outbreak aboard Ruby Princess.

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Paypal can’t patent AI-powered user recommendations, IP Australia says
Intellectual Property 2023-10-30 3:30 pm By Sam Matthews

An IP Australia has knocked back PayPal’s bid to patent an AI-powered model for making purchase or donation recommendations to online shoppers at checkout, rejecting simplistic considerations of AI-related inventions.

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AGL units hit with $6M in penalties for emergency violations
Energy & Natural Resources 2023-10-30 11:18 pm By Sam Matthews

Two units of electricity giant AGL Energy will pay penalties totalling $6 million for being unable to make good on their promise to be on standby to release electricity to help prevent blackouts.

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Retrial means new trial in trade secrets case, judge says in parsing ‘ambiguous’ Full Court order
Intellectual Property 2023-10-30 11:16 pm By Sam Matthews

Construing an “ambiguous” order from the Full Federal Court, a judge has ordered a fresh trial in a trade secrets case that touched on the permissible scope of law firms’ involvement in drafting expert reports.

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Dixon Advisory director wants to shield law firm’s advice in ASIC case
Restructuring & Insolvency 2023-10-27 1:32 pm By Sam Matthews

Former Dixon Advisory director Paul Ryan will ask the court for a suppression order protecting advice by a Big Six firm, as he defends ASIC’s claim that he failed to consider creditors when executing a deed that affected the company’s ability to recoup a $19 million debt.

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Judge pauses Virgin’s cross-claim in bondholders class action
Class Actions 2023-10-26 11:58 pm By Sam Matthews

The judge hearing a bondholders class action against Virgin Australia has deferred the resolution of the airline’s cross-claim seeking seeking periodic payments from the class action to cover its costs under a contentious indemnity clause.

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ASIC can’t seek penalties against M101 founder James Mawhinney
Financial Services 2023-10-25 9:10 pm By Sam Matthews

A judge has blocked ASIC from running a new case seeking penalties against investment group M101 Nominees and founder James Mawhinney on remittal from the Full Court, after the regulator admitted it made errors at its initial trial.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews

A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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