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Bega triumphs again in $60M battle over peanut butter IP rights
Intellectual Property 2020-04-14 3:47 pm By Cat Fredenburgh

Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.

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Judge should be commended for ‘judicial economy’, Pacific National tells court in ACCC appeal
Competition & Consumer Protection 2020-02-18 2:37 pm By Christine Caulfield

Pacific National has defended a decision by a judge to accept an undertaking and rule against the ACCC in its competition case over the rail operator’s acquisition of a major freight terminal in Queensland, saying the ruling was structured with “commendable judicial economy”.

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Judge overstepped in accepting Pacific National undertaking, ACCC tells appeals court
Competition & Consumer Protection 2020-02-17 4:30 pm By Christine Caulfield

The judge who dismissed the ACCC’s challenge to Pacific National’s acquisition of Aurizon’s Acacia Ridge Terminal in Queensland had no power to accept an undertaking by the rail operator as an answer to the competition regulator’s case, an appeals court has been told.

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Dover can seek access to ASIC files in bid to prove ‘Orwellian’ client protection policy harmed no one
Financial Services 2019-12-20 11:04 pm By Christine Caulfield

Defunct Dover Financial, which faces a penalty hearing next year after it was found to have misled customers with an inaptly titled ‘client protection policy’, can bring an application for evidence from the corporate regulator that the policy did not harm anyone.

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Common fund orders in class actions dealt fatal blow by High Court
Class Actions 2019-12-04 10:12 am By Christine Caulfield

Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.

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All eyes on High Court as ruling on common fund orders looms
Feature 2019-12-02 11:24 pm By Christine Caulfield

The High Court is poised this week to issue its judgment in a case challenging the validity of common fund orders in class actions, a ruling that could see litigation funding commission rates creep back up after hitting record lows.

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Fortescue launches High Court appeal to native title ruling
Appeals 2019-11-18 10:39 am By Cat Fredenburgh

Mining giant Fortescue Metals is seeking special leave from the High Court to appeal a ruling that granted native title to the Yinjibarndi people over a large section of land in the Pilbara region of Western Australia.

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High Court to hear Securency appeal after $65M ‘shabby fraud’ award slashed
Article 2019-10-23 4:43 pm By Miklos Bolza

The High Court has granted a Nigerian agent tricked into terminating his contract with international bank note manufacturer CCL Secure special leave to appeal a Full Federal Court judgment slashing a $65 million award in his favour.

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High Court finds Connective Services broke the law with share transfer litigation
Appeals 2019-10-09 8:59 pm By Miklos Bolza

The High Court has shut down a lawsuit by mortgage aggregator Connective Services over the transfer of one third of the company’s shares after finding the proceeding prejudiced shareholders and contravened the Corporations Act.

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Court of Appeal tosses Quinn Emanuel challenge to AMP beauty parade loss
Appeals 2019-10-08 4:38 pm By Miklos Bolza

A challenge by Quinn Emanuel to a NSW Supreme Court decision staying its shareholder class action against AMP has been unanimously dismissed by the Court of Appeal, which found the class action beauty contest was not decided in error and that subsequently filed representative proceedings were not an abuse of process.

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