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Care A2’s $358M cross-claim a ‘new front’ in battle with Gensco, judge says
Competition & Consumer Protection 2024-01-23 2:05 pm By Cindy Cameronne

Care A2 Plus must hand over $675,000 in security for costs to pursue a $358 million cross-claim in a lawsuit by former business partner Gensco, after a judge found the infant formula company’s claims were a “counterattack”, and not merely defensive. 

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PepsiCo appeals loss in case over royalty withholding tax
Tax 2024-01-22 3:50 pm By Christine Caulfield

US drink giant PepsiCo has lodged an appeal of a court win for the Australian Taxation Office over payments made by Schweppes under a distribution agreement that were found to be subject to royalty withholding tax.

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Judge discontinues council class action against insurer JLT, won’t pause clock
Class Actions 2024-01-22 11:51 pm By Cindy Cameronne

A judge has discontinued a class action by Victorian councils against insurer JLT Risk Solutions, but has departed from the decisions of two other judges by ruling the suspension of the time limit for bringing the councils’ claims will immediately be lifted. 

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CBA class action judge may weigh impact of two failed shareholder cases
Securities 2024-01-22 11:10 pm By Cindy Cameronne

Awaiting judgment in Federal Court class actions by shareholders over its money laundering risk disclosures, the Commonwealth Bank will ask the court to reopen the case to consider the relevance of two recent decisions that found shareholders in other class actions had failed to prove loss.

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Government rejects $510M settlement offer in live exports class action
Class Actions 2024-01-19 5:22 pm By Cindy Cameronne

The Minister for Agriculture has rejected an offer to settle a nine-year-old class action over the government’s 2011 ban on the live export of cattle for $510 million plus up to $390 million in legal costs and interest. 

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ME Bank hit with $820,000 penalty for misleading borrowers
Financial Services 2024-01-19 4:03 pm By Sam Matthews

Bank of Queensland will pay a $820,000 penalty after its Members Equity was found guilty of criminal charges over misleading representations, with a judge finding the defunct direct bank was no less responsible because the offending conduct resulted from a systems error.

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App store class actions funder can view ‘sensitive’ Apple data
Class Actions 2024-01-19 5:09 pm By Cindy Cameronne

Apple has failed to prevent a funder from accessing data that will allow it to estimate potential damages in a class action it’s bankrolling over allegedly anti-competitive app store restrictions.

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Judge slams Tesla’s ‘unrealistic’ bid for urgent arrest warrant over whistleblower docs
Intellectual Property 2024-01-19 4:25 pm By Cindy Cameronne

A judge has criticised Tesla’s bid for an urgent arrest warrant against a NSW man who allegedly published material leaked by a former employee about its self-driving software, saying the man needs the chance to properly respond to the electric car giant’s contempt of court claim. 

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Referee who accused NRL of bullying loses unfair dismissal suit
Employment 2024-01-18 4:48 pm By Cindy Cameronne

A former National Rugby League referee has lost his unfair dismissal lawsuit alleging he suffered bullying and victimisation, with a judge finding the league did not terminate his employment but “acted passively” in letting his contract term end.

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Funder of failed IP case can’t dodge indemnity costs
Intellectual Property 2024-01-18 5:26 pm By Cindy Cameronne

A litigation funder must pay indemnity costs to CoreLogic after bankrolling a photographer’s unsuccessful copyright claim against the property data analytics company, with an appeals court finding it pursued the litigation for its own personal gain.

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