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Scenic cruise passengers can’t claim damages for disappointment, appeals court says
Appeals 2018-10-25 10:19 pm By Cat Fredenburgh

Scenic Tours has won a major victory on appeal in a class action against a ruling that put it on the hook for claims that luxury European river cruise passengers were owed damages and compensation after they were forced to take the bus because of flood waters.

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Heinz drops appeal in sugary kids snacks case
Appeals 2018-10-24 12:35 pm By Cat Fredenburgh

H.J. Heinz Company has dropped its appeal of a ruling that it marketed its sugary snacks to kids as healthy, after the ACCC won a fraction of the $10 million fine it sought for the consumer law violations.

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ACCC’s loss in Pfizer misuse of market power case to stand
Competition & Consumer Protection 2018-10-19 2:27 pm By Cat Fredenburgh

The High Court has dismissed the ACCC’s bid to appeal a Full Federal Court decision upholding a ruling that drug giant Pfizer did not misuse its market power in the months leading up to the expiration of the patent for its blockbuster cholesterol drug Lipitor.

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High Court won’t hear Yazaki appeal of $46M fine
Competition & Consumer Protection 2018-10-19 12:10 pm By Cat Fredenburgh

Japanese car parts manufacturer Yazaki will have to pay a $46 million penalty for price-fixing, now that the High Court has refused to hear its appeal of the record competition fine.

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Judge to rethink Glencore in-house counsel’s access to Cargill deal docs
Agriculture 2018-10-15 9:27 pm By Cat Fredenburgh

An appeals court has ordered the judge overseeing a fraudulent concealment trial over Cargill’s $420 million purchase of the Joe White malt business to reconsider his decision to allow an in-house lawyer at Glencore to access “highly confidential” deal documents.

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Airservices judge OKs common fund despite Westpac’s Money Max appeal
Class Actions 2018-10-12 11:23 pm By Cat Fredenburgh

A federal judge has signed off on a funding agreement in an employment class action against Airservices, even as he acknowledged a pending challenge to a landmark ruling that established the right of the court to make a common fund order.

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Westpac appeals funding order in life insurance class action
Class Actions 2018-10-11 10:42 pm By Christine Caulfield

Westpac is challenging a judge’s order that gives the funder backing a class action over life insurance premiums a 25 percent cut of any recovery.

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Funeral insurer loses High Court appeal over profits from use of rival’s secrets
Employment 2018-10-10 11:35 pm By Cat Fredenburgh

The High Court of Australia has rejected an appeal of a ruling that found a funeral insurer was liable for the use of a rival’s confidential information by employees and instead granted a cross-appeal that more than doubled the rival’s award of profits.

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In pro bono win for Norton Rose, High Court stubs out man’s marijuana conviction
Appeals 2018-10-10 9:58 pm By Miklos Bolza

The High Court has granted an appeal to a Norton Rose Fulbright-represented man who claimed more than 900g of marijuana found at his house was for personal use, repealing his conviction for drug possession after new evidence emerged that may have changed the course of his trial in 2013.

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Viterra must pay Cargill’s costs for ‘pointless’ High Court appeal
Appeals 2018-10-09 4:23 pm By Cat Fredenburgh

Viterra has been hit with costs for persisting with a special leave application to the High Court seeking to compel Cargill to turn over emails exchanged with its lawyers at Allens during the sale of its Joe White Maltings business, even after Cargill agreed to waive privilege and produced the documents.

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