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Trade mark reputation not a factor in deceptively similar cases: Full Court
Intellectual Property 2018-12-04 8:43 pm By Miklos Bolza

A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.

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Landmark to pay $1M in ACCC case over barley claims
Competition & Consumer Protection 2018-12-03 1:48 pm By Christine Caulfield

Grain supplier Seednet has agreed to pay $1 million to settle an enforcement action by the consumer watchdog alleging it misled farmers about the performance of its latest barley variety.

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Murray Goulburn settles ACCC case over farmgate milk prices
Competition & Consumer Protection 2018-11-12 10:05 pm By Christine Caulfield

Murray Goulburn and its former CEO have reached a settlement with the Australian Competition and Consumer Commission over claims the dairy producer misled farmers in three states about farmgate milk prices.

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Murray Goulburn weighs cost-capping bid in class actions
Agriculture 2018-10-26 10:20 pm By Christine Caulfield

Murray Goulburn has told a judge it may seek to cap costs in two shareholder class actions that centre on a 2016 profit forecast revision, taking a page from the playbook of baby food maker Bellamy’s.

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Gadens seeks to shut down rival firm’s Quintis class action
Class Actions 2018-10-16 10:35 pm By Miklos Bolza

The battle over competing shareholder class actions against failed sandalwood oil producer Quintis is heating up, with law firm Gadens launching a bid to shut down the case brought by Bannister Law, attacking its rival’s experience and resources.

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Judge to rethink Glencore in-house counsel’s access to Cargill deal docs
Agriculture 2018-10-15 9:27 pm By Cat Fredenburgh

An appeals court has ordered the judge overseeing a fraudulent concealment trial over Cargill’s $420 million purchase of the Joe White malt business to reconsider his decision to allow an in-house lawyer at Glencore to access “highly confidential” deal documents.

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Viterra must pay Cargill’s costs for ‘pointless’ High Court appeal
Appeals 2018-10-09 4:23 pm By Cat Fredenburgh

Viterra has been hit with costs for persisting with a special leave application to the High Court seeking to compel Cargill to turn over emails exchanged with its lawyers at Allens during the sale of its Joe White Maltings business, even after Cargill agreed to waive privilege and produced the documents.

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ACCC to probe competition in wine grape industry
Competition & Consumer Protection 2018-09-26 2:27 pm By Cat Fredenburgh

The ACCC is taking another look at market health in the agricultural sector with a new inquiry focused on competition in the market for wine grapes.

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Settlement talks can’t be admitted as evidence in Cargill, Viterra trial
Trials 2018-09-21 4:00 pm By Cat Fredenburgh

A judge in the high-stakes trial over the $420 million sale of Viterra’s Joe White malt business to Cargill has denied Cargill’s request to have settlement talks admitted as evidence, shooting down the agricultural giant’s argument that the talks were needed to challenge Glencore in-house counsel’s assertion that he is of good character and will not breach a confidentiality agreement.

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Competing Murray Goulburn class actions look set to co-exist
Class Actions 2018-09-21 2:25 pm By Christine Caulfield

The judge presiding over two shareholder class actions against Murray Goulburn indicated Friday he would likely let both cases proceed jointly to a trial in 2020.

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