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In latest class action loss, Bayer defeats case over Essure device
Class Actions 2024-12-10 2:00 pm By Sam Matthews

Medical device maker Bayer has successfully defended a class action over its Essure contraceptive, with a judge finding the evidence fell short of proving the device caused chronic inflammation.

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WestConnex class action funder hit with indemnity costs
Construction 2024-12-13 4:42 am By Andy Sidler

The funder behind a class action against Transport for NSW by residents displaced by the construction of Sydney’s WestConnex tunnel has been ordered to pay $134,000  to cover the class action’s costs after it brought a failed action to rescind trust funds.

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Super Retail can’t back out of ‘solicitor’s handshake’ with former execs, court told
Employment 2024-12-10 11:17 pm By Cindy Cameronne

Super Retail is bound by a settlement with two former executives who claim they were axed after complaints about its CEO’s undisclosed relationship with a former HR officer, a court has heard.

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‘Not a teenager’: Barrister knew better than to ignore court summons, judge says
Bartley Cohen Law 2024-12-10 4:36 pm By Sam Matthews

A barrister who failed to disclose his contempt conviction and flew to China when required to attend court has been denied a practising certificate, with a judge unimpressed at attempts to justify his conduct.

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Fintech Wise loses challenge to ‘Bitwise’ trade mark
Intellectual Property 2024-12-10 10:25 pm By Andy Sidler

UK currency exchange Wise has lost its challenge to a crypto asset management firm’s ‘Bitwise’ trade mark, with IP Australia finding it could not monopolise the word ‘wise’.

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Honda must pay dealer $13.6M for contract breaches
Automotive 2024-12-09 4:54 pm By Cindy Cameronne

A judge has ordered Honda to pay $13.6 million in damages to dealer Brighton Automotive in a suit over the car maker’s move away from a dealership model. 

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Construction PRO
Viasat can’t challenge $1.62M arbitration loss over DoD satellite contract
Construction 2024-12-11 11:49 pm By Christine Caulfield

US-based satellite broadband provider Viasat has lost its bid to appeal an arbitral ruling that rejected its damages claim against the subcontractor on a Department of Defence project. 

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High Court deals blow to NSW builders in ruling on new duty of care
Appeals 2024-12-11 11:10 pm By Cindy Cameronne

The High Court has ruled that NSW builders cannot point fingers at their subcontractors as concurrent wrongdoers for negligent construction defects under the Design and Building Practitioners Act.

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‘Stupidity’ needed to confuse deli’s logo with Mercato Centrale TM: court
Intellectual Property 2024-12-09 11:10 pm By Julia Kanapathippillai

An appeal by a family-owned Adelaide deli in a trade mark fight with an Italian food hall in Melbourne has fallen flat.

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Court finds insurer does not have to cover underpayment claims
Insurance 2024-12-09 11:00 pm By Andy Sidler

A court has found insurer Lloyds of London does not have to indemnify real estate agent Attree for underpayment claims by employees.

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