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Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
Class Actions 2019-09-10 12:02 pm By Miklos Bolza

Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.

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ACCC loses appeal in cartel case over coal mining licences
Appeals 2019-09-04 3:46 pm By Miklos Bolza

The Australian Competition and Consumer Commission has failed in its challenge to a ruling that dismissed its bid-rigging case over mining exploration licences involving Cascade Coal and the sons of jailed Labor politician Eddie Obeid.

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CIMIC attacks ‘forests of contingencies’ in class action pleadings
Class Actions 2019-09-04 2:26 pm By Miklos Bolza

Engineering services firm CIMIC Group has attacked the pleadings in a shareholder class action against it, saying needlessly convoluted paragraphs containing a “numerically vast number of contingencies” should be struck out.

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Court’s ‘auction’ approach in GetSwift slammed in bid to revive AMP class action
Appeals 2019-08-26 9:44 pm By Miklos Bolza

The barrister leading an appeal seeking to revive Quinn Emanuel’s fees for no service class action against AMP has criticised the approach taken in the landmark GetSwift ruling on competing class actions, saying it placed the court in the role of auctioneer and actually encouraged duplicative proceedings.

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Class to fight CIMIC’s ‘opportunistic’ bid to strike out pleadings
Allens 2019-08-09 9:06 pm By Miklos Bolza

A shareholder class action against CIMIC Group will fight a strike out application it has slammed as an “opportunistic” late-stage move by the global engineering firm made only because the trial was previously vacated.

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Record $34.5M criminal cartel fine handed down against Japanese shipping company
Competition & Consumer Protection 2019-08-02 8:52 pm By Amelia Birnie

Japanese shipping company K-Line has been hit with a $34.5 million penalty for criminal cartel conduct, the largest consumer criminal fine in Australian history.

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More than a ‘scintilla of inventiveness’: Motorola defends source code as Hytera trial kicks off
Intellectual Property 2019-07-22 8:01 pm By Amelia Birnie

Patents at the centre of a high stakes IP dispute between tech giants Motorola and Hytera have significantly more than the necessary “scintilla of inventiveness” to be deemed valid, Motorola said on the first day of a month-long trial.

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ACCC loses case against Woolworths over ‘eco’ plate claims
Competition & Consumer Protection 2019-07-05 9:28 pm By Amelia Birnie

The Australian Competition and Consumer Commission has lost a consumer case against Woolworths, with the Federal Court finding the supermarket giant’s  environmental claims for its line of disposable plates, bowls and cutlery were accurate, not false and misleading.

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Judge reserves AMP class action loser costs after Phi Finney McDonald sinks 1,345 hours
Class Actions 2019-07-04 3:45 pm By Christine Caulfield

Boutique class actions law firm Phi Finney McDonald has won its bid to reserve costs incurred before its case was permanently stayed in the AMP shareholder class action beauty contest, after the firm racked up at least 1,345 hours in “sunk costs”.

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Mystery woman emerges as potential source of ‘industrial espionage’ against Motorola
Intellectual Property 2019-06-19 9:05 pm By Amelia Birnie

The potential source of alleged “industrial espionage” in Motorola’s case against Hytera over the intellectual property for its digital radio mobile devices has been revealed as a mystery woman with two laptops that contained a “very large number of Motorola documents”, a court has heard.

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