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Carnival found negligent in class action over Ruby Princess COVID-19 outbreak
Class Actions 2023-10-25 10:37 am By Cindy Cameronne

A judge has found Carnival PLC liable for failing to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship that left 28 people dead, but only awarded the lead applicant $4,000 for out-of-pocket expenses rather than the $360,000 in damages she sought. 

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ASIC can’t seek penalties against M101 founder James Mawhinney
Financial Services 2023-10-25 9:10 pm By Sam Matthews

A judge has blocked ASIC from running a new case seeking penalties against investment group M101 Nominees and founder James Mawhinney on remittal from the Full Court, after the regulator admitted it made errors at its initial trial.

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ASIC loses case against super trustee Diversa over banned advisor
Financial Services 2023-10-24 10:27 am By Sam Matthews

A judge has dismissed court proceedings brought by the corporate regulator against superannuation trustee Diversa over its alleged failure to oversee a now-banned financial adviser, ruling that the knowledge of downstream entities could not be attributed to Diversa.

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Monsanto loses bid to throw out ‘cut and paste’ expert evidence in Roundup class action
Class Actions 2023-10-24 11:18 pm By Cat Fredenburgh

Monsanto can’t throw out the evidence of an expert for the plaintiff in a class action over its Roundup product who has testified that the company engaged in criminal conduct in trying to bury scientific reports on the popular weed killer’s alleged cancer-causing properties.

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Judge to take on Heston Russell costs assessment after reports of $2M in fees
Defamation 2023-10-24 11:46 pm By Cindy Cameronne

The judge overseeing ex-commando Heston Russell’s defamation case against the ABC over reporting of alleged war crimes will be involved in assessing his costs after media reports put his lawyers’ fees at $2 million.  

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Seeley wins removal of Infinair trade mark
Intellectual Property 2023-10-23 10:52 pm By Cindy Cameronne

Air conditioning giant Seeley has won its bid to remove rival Infinair’s trade mark after an IP Australia delegate found the Chinese company had not sold any products under the name.

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Former PwC partner at centre of tax leaks scandal banned by ASIC
Financial Services 2023-10-20 3:39 pm By Christine Caulfield

PricewaterhouseCoopers’ former head of international tax Peter-John Collins has been banned by the corporate regulator from providing financial services for eight years.

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Cantarella loses ‘Oro’ mark on Vittoria coffee in spat with Lavazza
Intellectual Property 2023-10-20 3:11 pm By Cindy Cameronne

Vittoria’s Cantarella Bros has lost its long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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Akzo Nobel loses bid to transfer case worth ‘billions’ over Ichthys LNG project
Construction 2023-10-20 9:38 pm By Cindy Cameronne

Dutch paint company Akzo Nobel has lost its bid to transfer a case over the $45 billion Ichthys natural gas project to state court in Western Australia, with a judge finding the overlap with insurance-related proceedings in the state court was tolerable.

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Barrister fees recoverable under workers’ comp rules, appeals court says
Business of Law 2023-10-20 5:42 pm By Sam Matthews

An appeals court has found that barrister’s fees are not excluded as a recoverable outlay under worker’s compensation regulations.

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