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Third law firm ‘waiting in the wings’ to file class action against IC Markets
Class Actions 2024-02-09 9:05 pm By Sam Matthews

International Capital Markets may soon face a third class action, a court has heard, as the first two class actions to be filed against the Sydney-based online broker over risky contracts for difference mull consolidation. 

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‘Not a suitable vehicle’: Judge rejects bid to knock out Aldi class action
Class Actions 2024-02-09 9:17 pm By Sam Matthews

A judge has dismissed Aldi’s bid to have a class action alleging it underpaid Australian workers to the tune of $150 million summarily dismissed, saying the application was “not a suitable vehicle” to determine factual issues including whether a $17 million remediation nullifies the class action’s claims. 

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Block Earner needed financial services licence to offer crypto product, court says
Cryptocurrency 2024-02-09 11:57 pm By Christine Caulfield

Digital currency exchange Block Earner needed a licence to offer its crypto-backed Earner product, a court has found in one of the first decisions on the application of financial services law to crypto investments.

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Judge says settlement offers should operate as bulwark against costs in class actions
Class Actions 2024-02-09 10:10 pm By Cindy Cameronne

A judge has held that there could be favourable costs consequences for Carnival if its rejected $15 million settlement offer in the Ruby Princess class action turns out to be more generous than the ultimate damages award, departing from a previous ruling that so-called Calderbank offers do not operate in group proceedings. 

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Freight operators have a cow over port direction holding up vessel with $5.2M in cattle
Agriculture 2024-02-09 9:06 pm By Sam Matthews

Two marine freight companies have lost a fight with a local council which refused to allow it to unload 3,000 head of cattle at Apollo Bay in Victoria, with a judge finding they were “the architects of their own misfortune” for striking a deal with a beef company before securing permission to berth at the port. 

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Airbags class action against Volkswagen suffers High Court loss
Appeals 2024-02-08 10:28 pm By Cat Fredenburgh

The High Court has refused special leave in a failed class action against Volkswagen over allegedly defective Takata airbags.

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High Court won’t hear ex-Greenwoods partner’s appeal in Lendlease whistleblower case
Employment 2024-02-08 11:41 pm By Christine Caulfield

A former Greenwoods & Herbert Smith Freehills partner who alleges he was sacked for complaining about Lendlease’s “aggressive taxation position” has lost a bid to argue before the High Court that his claims are covered by new whistleblower protections.

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Samsung Bioepis sues Janssen Biotech to invalidate Stelara patents
Intellectual Property 2024-02-08 11:48 pm By Christine Caulfield

South Korean biosimilars company Samsung Bioepis has sued Johnson & Johnson’s Janssen Biotech to invalidate two patents for Crohn’s disease drug Stelara, after reaching a licencing agreement over the medicine in the US.

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Judge makes no bones about trashing ‘Melbourne bone and joint clinic’ trade mark
Intellectual Property 2024-02-08 1:45 pm By Sam Matthews

A Melbourne orthopaedic clinic has lost its bid to register the name ‘Melbourne Bone and Joint Clinic’ as a trade mark, with a judge finding the phrase was just an ordinary combination of words. 

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Worley shareholder class action takes another trip to appeals court
Class Actions 2024-02-07 11:09 pm By Christine Caulfield

It’s a case of déjà vu in a class action against engineering services company Worley, with shareholders heading back to the appeals court after losing a second trial in their drawn out fight over disclosure breaches.

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