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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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Sydney Opera House fights China group’s trade mark
Intellectual Property 2020-12-04 12:45 pm By Miklos Bolza

The Sydney Opera House is challenging a ruling that denied its opposition to a trade mark application filed by a China-Australia trade association that featured an image of the opera house sails together with the Great Wall of China.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Intellectual Property 2020-12-03 11:00 pm By Cat Fredenburgh

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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Stood-down Qantas workers lose second bid for sick leave
Employment 2020-11-27 10:13 pm By Christine Caulfield

Qantas workers on stand-down orders during the coronavirus pandemic have lost an appeal to overturn a ruling that they are not entitled to access paid sick or compassionate leave.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Class Actions 2020-11-27 7:51 pm By Miklos Bolza

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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High Court to hear challenge to landmark ruling on casual workers’ rights
High Court 2020-11-26 1:39 pm By Cat Fredenburgh

The High Court has granted special leave to labour hire company WorkPac to challenge a Full Court judgment that granted entitlements to casual workers with regular shifts.

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Solicitor fined for ‘extravagant and intemperate attack’ on opposing counsel after 9-year legal battle
Business of Law 2020-11-26 1:05 pm By Cat Fredenburgh

The director of a Melbourne law firm has been reprimanded and fined $10,000 for sending two letters to opposing counsel accusing him of being dishonest, following a protracted nine-year legal battle.

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CFMEU liable for officers’ refusal to produce permits, Full Court holds
Employment 2020-11-25 6:58 pm By Spencer Fowler Steen

The Full Federal Court has upheld a ruling that the CFMEU was “knowingly concerned” in the refusal of union officers to produce entry permits at a Queensland building site, with the appeals court saying it was”difficult” to understand how the union was not an accessory to the contraventions of its employees.

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Former solicitor general to act as contradictor in GetSwift recusal appeal
Alan Shearer 2020-11-25 4:42 pm By Spencer Fowler Steen

Former solicitor general Justin Gleeson SC has been appointed contradictor in GetSwift’s battle to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in ASIC’s case against the logistics provider.

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