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Trial judge urges common sense in ASIC case against GetSwift
Securities 2020-06-22 4:58 pm By Miklos Bolza

A judge has dismissed a defensive bid by ASIC to amend its case against GetSwift mid-trial, instead calling on “common sense” to be injected into the proceeding as the hearing enters its second week.

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Workpac takes casual worker case to High Court
Appeals 2020-06-17 8:53 pm By Christine Caulfield

Labour hire company WorkPac has asked the High Court to weigh in on a decision that grants entitlements to casual workers with regular shifts, a ruling it says could have a “devastating impact” on companies if allowed to stand.

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Full Court flushes ACCC appeal of wipes ruling
Competition & Consumer Protection 2020-06-15 3:55 pm By Cat Fredenburgh

The Full Federal Court has thrown out the ACCC’s challenge to a ruling dismissing its case alleging Kimberly-Clark made misleading representations about its flushable wipes.

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Court tosses appeal seeking to drag Shine Lawyers into negligence lawsuit
Appeals 2020-06-10 2:32 pm By Miklos Bolza

Shine Lawyers and barrister David Turner have once again dodged a negligence lawsuit over advice given about a $630,000 contractual dispute, with an appeals court upholding an earlier decision dismissing a bid to join the two parties.

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The house wins: Aristocrat beats out IP Australia in fight over slot machine patents
Intellectual Property 2020-06-05 10:03 pm By Miklos Bolza

Gaming giant Aristocrat Technologies has succeeded in its appeal of an IP Australia decision rejecting four of its gaming patents, with a judge finding they were “not a mere scheme” but an actual manner of manufacture.

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‘An immediate conflict of interest’: Appeals court tosses opt out notices in AMP class action
Appeals 2020-06-04 3:57 pm By Miklos Bolza

An appeals court has vacated orders sending opt out and registration notices to shareholders in a class action against AMP after a successful challenge by the lead plaintiff in a competing class action that was stayed after a high-profile litigation beauty parade last year.

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Australian Bar Association’s trade mark lawsuit is not a class action, judge says
Intellectual Property 2020-06-03 3:40 pm By Miklos Bolza

A trade mark infringement lawsuit filed by the former CEO of the Australian Bar Association was not properly brought as a class action on behalf of member barristers, a judge has found.

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High Court won’t hear East Timor’s request to shut down $328M dispute
Energy & Natural Resources 2020-06-01 10:37 am By Cat Fredenburgh

The High Court will not weigh in on a jurisdictional challenge by the Democratic Republic of East Timor to a lawsuit brought by Australian oil and gas company Lighthouse Corporation over $328 million in alleged losses stemming from a failed fuel supply agreement.

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High Court won’t hear Fortescue challenge to native title ruling
Appeals 2020-05-29 9:53 pm By Cat Fredenburgh

The High Court has declined Fortescue Metals’ bid for special leave to appeal a ruling that granted native title to the Yinjibarndi people over a large section of land in the Pilbara region of Western Australia.

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Judge should have thrown out taxi driver class action, Uber tells appeals court
Class Actions 2020-05-28 9:52 pm By Alison Eveleigh

Uber has once again attempted to put the brakes on a landmark class action which alleges the ride-sharing giant engaged in a conspiracy to steal business from taxi and limousine drivers across four states, telling a court of appeal that the trial judge wrongly departed from prevailing laws.

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