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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
Class Actions 2021-08-20 5:31 pm By Miklos Bolza

With mediation failing to resolve an expansive class action against the federal government over its use of allegedly toxic firefighting foam, a judge has charted a plan to avoid a “Brobdingnagian” trial and efficiently determine the claims of group members around eight military bases across Australia.

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‘Just a hope and a dream’: Judge threatens to toss ex-Linchpin director’s appeal of ASIC ban
Financial Services 2021-08-20 4:51 pm By Cindy Cameronne

A judge has blasted an ex-Linchpin director’s delay in appealing a five-year disqualification ordered by ASIC and threatened to dismiss the appeal after he failed to comply with court orders.

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Apple says Epic Games case should be stayed in light of ‘imminent’ US judgment
Competition & Consumer Protection 2021-08-20 3:50 pm By Cat Fredenburgh

Apple has told a judge a high-stakes competition lawsuit by Fornite game maker Epic Games should be temporarily stayed in light of a special leave application lodged with the High Court and an ‘imminent’ judgment from a US court.

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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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ANZ flags fight over use of ASIC communications in sacked trader’s case
Employment 2021-08-19 3:01 pm By Cindy Cameronne

ANZ may fight to block a sacked trader from relying on his communications with ASIC in a case alleging he was fired after complaining about rate-rigging at the bank, saying it may be unlawful to use the documents, a court has heard.

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Cytec prevails again in challenge to Nalco mining patent
Energy & Natural Resources 2021-08-19 3:34 pm By Miklos Bolza

US-based chemical and materials technology company Cytec Industries has won its Federal Court challenge to a mining patent application by a unit of Ecolab, with the court finding the claims in the patent lacked support and sufficient disclosure.

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Coca-Cola tastes victory in defence of artificial sweetener patent
Intellectual Property 2021-08-19 9:19 pm By Cindy Cameronne

Intellectual property law firm Spicer Spicer has lost its opposition to Coca-Cola’s patent application for soft drinks and syrups containing an artificial sweetener known as Reb X, with an IP Australia delegate rejecting the firm’s argument the patent was not inventive.

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CoreLogic infringed real estate photographer’s copyright, appeals court says
Real Estate 2021-08-19 1:50 pm By Miklos Bolza

Property data analytics firm CoreLogic infringed the copyright of a real estate photographer by uploading images from realestate.com.au to its own property data platform without a licence, the Full Federal Court has found.

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Developer’s ‘utterly unreasonable’ claims tossed in case over Fairfax brothel article
Defamation 2021-08-19 8:25 pm By Bianca Hrovat

A Gold Coast developer must re-plead allegations in a defamation lawsuit against Fairfax over an article alleging he met a former Ipswich mayor at a brothel, after a judge struck out several claims that he described as “spectacularly imaginative and utterly unreasonable”.

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Banks unleash new legal maneuvers to shut down ANZ cartel case
Competition & Consumer Protection 2021-08-18 4:07 pm By Miklos Bolza

The banks and high-ranking executives targeted in pared-down criminal cartel proceedings over a $2.5 billion ANZ share placement are taking new steps to shut down the long-running case, including further probes into the ACCC’s conduct during its investigation into the alleged cartel.

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