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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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Appeals court paves way for $915M museumĀ despite ‘irony’ of Willow Grove removal
Construction 2021-07-21 4:37 pm By Bianca Hrovat

A resident groupā€™s last ditch attempt to prevent the NSW government from relocating a locally significant heritage building has been dismissed by the NSW Supreme Court of Appeal, paving the way for the development of a $915 million museum in Parramatta.

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Government ordered to do ‘root and branch review’ of PFAS class action defence
Class Actions 2021-05-28 11:38 pm By Cat Fredenburgh

A judge has ordered the federal government to file an amended defence in one of two class actions over its use of allegedly toxic firefighting foam on military bases, after being accused of lodging a deficient pleading.

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Allergan appeals loss in Botox trade mark dispute
Appeals 2021-01-20 5:16 pm By Miklos Bolza

Botox maker Allergan has appealed a court judgment tossing most of trade mark case against an Australian cosmetics company that sells topical creams as Botox alternatives.

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‘Sydney’s most controversial burger restaurant’ loses appeal in trade mark beef with In-N-Out
Intellectual Property 2021-01-14 1:46 pm By Spencer Fowler Steen

The Full Federal Court has upheld an appeal by In-N-Out Burgers against Sydney-based Hashtag Burgers, finding that its two sole directors were also liable for trademark infringement and passing off in owning and operating their ‘DOWN-N-OUT’ burger restaurants.

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Top 10 class action settlements of 2020
Analysis 2021-01-12 10:46 pm By Spencer Fowler Steen

Payouts in class actions in 2020 largely kept pace with the previous year despite the financial strain of the COVID-19 pandemic, with companies and other defendants paying more than $696 million to settle class actions last year.

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Class action expert finds PFAS ‘stigma’ diminished property values
Class Actions 2020-12-22 5:40 pm By Miklos Bolza

Properties near seven air force bases where allegedly toxic firefighting foam was used experienced a drop in land value because of the “stigma” of contamination, according to an expert report accepted by the Federal Court in a class action seeking compensation from the Federal government.

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Reckitt’s ‘weak’ case dooms bid to kill Raid Max ads
Competition & Consumer Protection 2020-12-14 1:16 pm By Christine Caulfield

A judge has dismissed an attempt by a Reckitt Benckiser unit to block Raid insect spray ads by rival SC Johnson , saying the consumer goods giant had a “weak” prima facieĀ  case based on “excessively literal and strained” interpretations of the ads.

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Judge frowns on Allergan’s ‘Botox’ trade mark lawsuit
Intellectual Property 2020-10-28 7:29 pm By Cat Fredenburgh

Botox maker Allergan has lost a lawsuit that accused an Australian cosmetics company that sells topical creams as an alternative to Botox injections of infringing its Botox trade mark.

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No relief: AFT appeals Reckitt-Benckiser win over Maxigesic ads
Competition & Consumer Protection 2020-10-21 4:12 pm By Christine Caulfield

The maker of pain killer Maxigesic is taking its long-running battle with Nuromol manufacturer Reckitt Benckiser to an appeals court after a recent ruling that its advertising misled consumers by claiming Maxigesic provided better, faster and more effective pain relief than paracetamol or ibuprofen.

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