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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Product Liability 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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Tucker & Cowen didn’t enter binding settlement with client in negligence case, court finds
Professional Negligence 2021-04-09 11:47 am By Miklos Bolza

A court has rejected claims by a former client of Tucker & Cowen that the law firm entered into a binding settlement of $150,000 to resolve a negligence and breach of contract lawsuit over legal costs incurred in a protracted spat over a Nigerian telecoms company.

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Daily Mail can’t grill Erin Molan about Footy Show incident ahead of defamation trial
Defamation 2021-04-08 9:39 pm By Christine Caulfield

The judge overseeing sports presenter Erin Molan’s defamation case against the Daily Mail won’t force Molan to be questioned ahead of trail about a segment on Nine’s The Footy Show in which she laughed at an off-colour joke, saying theĀ  publisher was “fishing”.

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Climate change case should not be run as a class action, government argues
Class Actions 2021-04-08 4:51 pm By Miklos Bolza

The Commonwealth of Australia is seeking to remove all references to representative proceedings from a class action pleading that alleges the government failed to disclose the impacts of climate change to investors in sovereign bonds.

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Findex’s High Court challenge in case against former financial advisor falls flat
Accounting 2021-04-08 4:02 pm By Christine Caulfield

Accounting firm Findex Australia has lost a bid for the High Court to hear its case over a restraint provision against a former financial advisor found to have been unenforcable.

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Sizzler, Burger Urge lay down steak knives in trade mark battle
Intellectual Property 2021-04-08 3:16 pm By Christine Caulfield

Buffet dining pioneer Sizzler, which closed its last Australian restaurants in November, has settled a trade mark dispute with Brisbane-based chain Burger Urge over a chicken burger known as “the Sizzle”.

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After invalidity ruling, law firm tries again with MySuper class action against NAB units
Class Actions 2021-04-08 1:50 pm By Christine Caulfield

Maurice Blackburn has brought a second class action against two NAB units over $6.3 billion in super funds, after the law firm’s first attempt was shut down by a state court as invalid.

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REA Group blocks trade mark bid by former Reserve Hotel director’s Real Estate Store
Intellectual Property 2021-04-08 11:02 am By Miklos Bolza

Global property giant REA Group has blocked a trade mark application by Real Estate Store, a new venture of a former director of Reserve Hotel Group, with IP Australia finding there was a “real and tangible danger” that consumers would think the companies were connected.

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Deloitte wants to keep lid on retirement talks in $3.8M age discrimination lawsuit
Employment 2021-04-07 5:47 pm By Cat Fredenburgh

Deloitte is seeking to set aside a subpoena for documents recording chats with partners about retirement after they turned 62, in a closely watched age discrimination lawsuit challenging the accounting firm’s mandatory retirement policy.

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Tandem class action members may have been misled by news about cross-claims, judge says
Class Actions 2021-04-07 5:13 pm By Cindy Cameronne

A judge has found that news articles published in the Herald Sun, Daily Mail and The Australian may have given group members in a class action against a Telstra contractor the ā€œwrong impressionā€ that they would be exposed to a cross-claim if they failed to opt out.

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