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In class action defence, Merivale says it shouldn’t be forced to backpay staff
Class Actions 2021-11-24 3:10 pm By Miklos Bolza

Hospitality giant Merivale has streamlined its defence of a $129 million underpayment class action, arguing that it shouldn’t be expected to back pay employees because it operated its business under the mistaken belief that its enterprise agreement governing staff at 70 of its venues was valid.

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Judge questions why fees, commission missing from Crown settlement notice
Class Actions 2021-11-23 12:03 pm By Miklos Bolza

A judge has directed that the legal fees and funding commission sought to be deducted from a $125 million class action settlement with Crown Resorts be included in a proposed notice to shareholders, after learning that group members were forced to click through to Maurice Blackburn’s website to find the “critical” figures.

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‘We don’t understand’: Rentokil confused by ex-manager’s defence in $3.2M invoice case
Employment 2021-11-23 12:35 pm By Bianca Hrovat

A lawyer for Rentokil has told a court the pest control company is scratching its head over the defence by a former manager accused of a $3.2 million fraudulent invoice scheme, noting the employee admits invoices were paid into his personal account.

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Novartis unit Sandoz sues to revoke Bayer’s patents for blood thinner Xarelto
Intellectual Property 2021-11-23 3:30 pm By Christine Caulfield

Generic drug maker Sandoz AG has filed proceedings seeking the revocation of two patents registered in Australia by German pharmaceutical giant Bayer covering its top-selling blood clot drug Xarelto.

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Govt wants clarity on climate change class action by Torres Strait Islanders
Climate change 2021-11-23 3:37 pm By Cindy Cameronne

A judge overseeing a climate change class action against the government will be invited to visit the Torres Strait to see the alleged erosion of sacred sites, but before then the Commonwealth is seeking details on when it allegedly knew of the effects of global warming and the scope of its alleged duty of care.

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Caterpillar resolves case against former employee accused of taking confidential files
Intellectual Property 2021-11-23 4:07 pm By Bianca Hrovat

Construction equipment giant Caterpillar has resolved its dispute with a former employee accused of flagrantly copying “many thousands” of confidential files before taking a job with a competitor.

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SPC loses appeal of $1.2M judgment over Coca-Cola Amatil deal
Appeals 2021-11-23 9:22 pm By Cindy Cameronne

Melbourne-based joint venture Shepparton Partners Collective has lost its appeal of a $1.2 million judgment that found it infringed software developer QAD’s copyright by failing to pay a transfer fee to retain the licence after it acquired the iconic SPC Ardmona cannery in Victoria from Coca-Cola Amatil for $40 million.

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Court tosses case over sacred trees at Western Highway upgrade site
Environment 2021-11-23 8:52 pm By Miklos Bolza

A court has summarily dismissed a lawsuit accusing the Victorian government of acting unlawfully by improving the Western Highway and threatening to harm six ‘directions’ trees of cultural significance to the Djab Wurrung people.

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Sparke Helmore was negligent in failing to alert developer to looming deadlines, court finds
Professional Negligence 2021-11-22 4:38 pm By Bianca Hrovat

Law firm Sparke Helmore acted negligently by failing to adequately advise a New South Wales property developer about extension of time notices that were needed to prevent two lucrative contracts from falling through, a judge has found.

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Monsanto may face claim for exemplary damages in Roundup class action
Class Actions 2021-11-22 6:45 pm By Miklos Bolza

A class action on behalf of people who claim they developed non-Hodgkin lymphoma after using Monsanto’s Roundup weed killer will argue the agrochemical giant should be hit with exemplary damages for its negligence in selling the herbicide, which the company allegedly knew caused cancer.

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