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High Court dashes Spain’s challenge to sovereign immunity claims in $394M dispute
Arbitration 2023-04-12 1:48 pm By Cindy Cameronne

Spain has lost its High Court appeal arguing it had sovereign immunity from an Australian court’s recognition of a $394 million arbitration award against the country for changes to its energy policies. 

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Bayer can’t dismiss Essure injuries as ‘common women’s symptoms’, class action trial told
Trials 2023-04-11 9:07 pm By Cindy Cameronne

Pharmaceutical giant Bayer cannot write off debilitating chronic pain and bleeding which patients allegedly experienced after being implanted with Essure contraceptives as “common women’s symptoms”, a court has heard in the first day of trial in a long-running class action.

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Procter & Gamble’s ’30 Minute Miracle’ claims don’t wash, lawsuit says
Competition & Consumer Protection 2023-04-11 10:59 pm By Sam Matthews

The maker of Finish dishwashing detergent has taken Procter & Gamble to court, arguing it misled consumers by claiming its Fairy 30 Minute Miracle dish detergent is more effective than the competition.

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Court’s backlog not reason enough to transfer Fair Work case, judge finds
Employment 2023-04-11 10:31 pm By Cat Fredenburgh

A judge has rejected a Federal Circuit and Family Court judge’s decision to transfer a PhD student’s Fair Work lawsuit against the University of Western Australia to the Federal Court because his court does not have the proper resources to consider it. 

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Mecca’s distribution agreement with lux cosmetics brand not unlawful, court finds
Contracts 2023-04-11 11:35 pm By Sam Matthews

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand’s appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

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Judge ‘horrified’ at ATO involvement in distributing superannuation class action settlements
Class Actions 2023-04-05 12:52 pm By Cindy Cameronne

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

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ASIC brings first case over unfair insurance contract terms
Insurance 2023-04-04 10:21 pm By Cindy Cameronne

The Australian Securities and Investments Commission has brought its first-ever case concerning unfair insurance contract terms, targeting Auto & General Insurance Company’s standard form home and contents insurance agreement.

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Class action targets Medibank’s failure to use multi factor authentication
Securities 2023-03-30 1:05 pm By Cindy Cameronne

A shareholder class action against Medibank has claimed it did not disclose “serious deficiencies” in its cybersecurity measures, including failing to implement security measures such as multi factor authentication, causing investors to buy shares at inflated prices. 

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Erin Molan to receive zero damages in defamation settlement
Defamation 2023-03-30 11:34 pm By Cat Fredenburgh

Erin Molan will receive zero damages under a settlement reached with the Daily Mail, after the Full Federal Court set aside a $150,000 defamation judgment for the sports presenter and sent the case back for a new trial.

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Medibank hit with shareholder class action over cyberattack
Class Actions 2023-03-29 11:54 pm By Cat Fredenburgh

Australia’s largest private health insurer Medibank has been hit with a shareholder class action in the wake of a massive cyberattack that left the data of 10 million customers exposed.

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