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Common fund order in CBA class action put on ice
Class Actions 2018-11-12 10:55 pm By Cat Fredenburgh

A judge has adjourned an application by law firm Slater & Gordon for a common fund order in a class action against the Commonwealth Bank and its wealth management unit, amid two landmark challenges to the courts’ powers to make such orders.

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Challenges to common fund orders to be heard together, Chief Justice says
Appeals 2018-11-08 9:53 pm By Christine Caulfield

Two far-reaching appeals challenging the court’s power to order all members of an open class action to pay a litigation funder will be heard together, and soon, the Federal Court’s top judge said Thursday.

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Funder’s cut, legal fees in $64M Banksia settlement rejected on appeal
Appeals 2018-11-01 4:51 pm By Cat Fredenburgh

An appeals court has rejected the funder’s commission and legal fees stemming from a $64 million settlement in litigation over the failure of Banksia Securities, but granted approval to the settlement.

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IP lawyers seek to intervene in software patent appeal
Intellectual Property 2018-10-29 9:38 pm By Cat Fredenburgh

A group representing patent and trade mark lawyers is seeking to intervene in a high-stakes appeal over computer software patents.

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Full Court to hear Trident Seafoods trade mark appeal
Intellectual Property 2018-10-25 10:28 pm By Cat Fredenburgh

US seafood giant Trident Seafoods has filed an appeal over a trade mark registration by Australian rival Trident Foods, which will be heard by the Full Federal Court.

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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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