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Sparke Helmore off the hook as IOOF unit loses appeal of $76M judgment
Appeals 2021-02-05 6:34 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees failed to drag law firm Sparke Helmore into a case after it was hit with a $76.6 million judgment over breaches of duty in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group.

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Barrister settles lawsuit over client loss in $24.5M property spat
Trials 2021-02-04 4:36 pm By Miklos Bolza

A Victorian barrister has reached a settlement on the eve of trial in a breach of fiduciary duty lawsuit brought by a former client who lost a court case over a $24.5 million real estate dispute.

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Facebook still California dreaming in legal battle with startup
Competition & Consumer Protection 2021-02-04 3:50 pm By Cat Fredenburgh

Facebook and its subsidiary Instagram are pushing for a competition dispute brought by an Australian social media startup to be heard on their home turf in the state of California.

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Activists notch High Court victory over expansion of Queensland coal mine
Environment 2021-02-03 9:09 pm By Cat Fredenburgh

A Queensland activist group has come up trumps in a drawn-out legal battle against New Acland Coal’s proposed expansion of a coal mine, with the High Court striking down previous lower court rulings giving it the green light.

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Death causes six-month delay of trial in Merck, Pfizer vaccine patent dispute
Intellectual Property 2021-02-03 5:18 pm By Cat Fredenburgh

The Federal Court has delayed a 15-day hearing in a pneumococcal vaccine patent dispute between Merck Sharp & Dohme and Pfizer after the sudden death of a family member of one of Pfizer’s expert witnesses.

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J&J slammed for ‘wreckage’ of a case in pelvic mesh class action appeal
Class Actions 2021-02-03 3:39 pm By Miklos Bolza

A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a “wreckage” of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.

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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
High Court 2021-02-03 10:51 am By Christine Caulfield

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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Judge finds Spain not immune from enforcement of $375M arbitration awards
Arbitration 2021-02-02 5:10 pm By Miklos Bolza

The Full Federal Court has granted a limited appeal in the Kingdom of Spain’s challenge to a judgment enforcing a $375 million arbitration award over two renewable energy investments, ordering a redrafting of the primary judge’s orders but rejecting claims that Spain was immune as a foreign state from enforcement of the award.

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Race car driver Max Twigg appeals ruling he misappropriated $100M from family trust fund
Sports 2021-02-02 2:52 pm By Spencer Fowler Steen

Race car driver and former owner of the famed Byron Bay Hotel, Max Twigg, has launched an appeal of a ruling that he misappropriated around $100 million in family trust money and took steps to conceal the transfer of funds from his mother.

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Monster Energy challenges loss of ‘Motherland’ trade mark
Intellectual Property 2021-02-02 2:34 pm By Cat Fredenburgh

Monster Energy, which makes Mother brand energy drinks, has appealed a ruling from IP Australia that granted rival caffeinated beverage maker Vittoria Food & Beverage’s application for the removal of Monster’s ‘Motherland’ trade mark for non-use.

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