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Full Court throws out Aldi’s misleading conduct case against union
Competition & Consumer Protection 2020-12-22 6:43 pm By Spencer Fowler Steen

The Full Federal Court has upheld the dismissal of grocery store Aldi’s lawsuit claiming that the Transport Workers Union engaged in misleading conduct by representing that it was responsible for road deaths and put “unsafe” pressure on truck drivers.

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J&J ordered to pay $40M in pelvic mesh class action costs as stay bid tossed by court
Product Liability 2020-12-21 1:03 pm By Christine Caulfield

A unit of Johnson & Johnson has been ordered to pay around $40 million in legal costs to the lead applicants in a class action over pelvic mesh implants after a judge dismissed the company’s bid to stay the costs until after a high profile appeal is heard next year.

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Maurice Blackburn did not breach obligations in TWE class action, Full Court finds
Appeals 2020-12-17 4:55 pm By Miklos Bolza

The Full Federal Court has tossed an appeal by Treasury Wine Estates claiming that Maurice Blackburn and barrister Guy Donnellan breached their obligations in preparing the pleadings in a current shareholder class action against the global winemaker.

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BHP appeals ruling allowing foreign group members in shareholder class action
Appeals 2020-12-14 4:53 pm By Miklos Bolza

BHP Group Ltd has appealed a ruling allowing foreign group members to be part of a shareholder class action against the mining giant over the Fundao dam failure in Brazil five years ago.

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Banksia funder’s son would have confided in friend had he known of dad’s deception, court told
Class Actions 2020-12-11 10:43 pm By Christine Caulfield

The son of the funder behind a class action at the centre of scandalous misconduct claims says he would have sought advice from a family friend if he had realised his father and counsel leading the case were misleading the court to inflate their profits from a $64 million settlement.

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Spotless on the hook for redundancy entitlements after High Court declines special leave
High Court 2020-12-11 2:26 pm By Cat Fredenburgh

The High Court will not hear cleaning services giant Spotless Group’s challenge to a ruling that found it must pay redundancy entitlements to a group of workers it sacked.

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Designer drops ‘ill-advised’ lawsuit over bikini style trade mark
Intellectual Property 2020-12-10 9:57 pm By Cat Fredenburgh

Women’s fashion designer Pinnacle Runway has cut its losses and dropped its challenge to a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, after a judge hit the company with indemnity costs for pursuing the ‘ill-advised’ lawsuit.

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‘I didn’t put two and two together’: Lawyer says he never caught on to misconduct in Banksia case
Class Actions 2020-12-09 10:54 pm By Christine Caulfield

Solicitor Alex Elliott has said it never clicked with him that members of the legal team running the Banksia class action were misleading an appeals court when his father — the mastermind behind the alleged deception — told him to sign cheques for lawyers that they could not cash.

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Opal Tower concrete manufacturer appeals loss to insurer over coverage of legal bills
Insurance 2020-12-09 9:22 pm By Spencer Fowler Steen

The prefab concrete specialist behind Sydney’s Opal Tower has appealed a ruling letting its insurers off the hook to pay costs in advance incurred in defending cross-claims in two lawsuits over the ill-fated tower.

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Routine email destruction ‘bombshell’ on eve of Banksia funder’s death just a ruse, court told
Class Actions 2020-12-08 11:25 pm By Christine Caulfield

The funder accused of a fraudulent scheme to pocket inflated fees from the Banksia Securities class action produced less than 200 documents to the contradictor in the case and invented a story about a routine email purging practice to explain the discovery hole, a court has heard.

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