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Monster Energy’s security for costs bid ‘manifestly excessive’, judge says
Intellectual Property 2023-07-28 2:40 pm By Christine Caulfield

The security sum sought by Monster Energy from an inventor suing the beverage giant for patent infringement was “manifestly excessive”, a judge has said, and was based on an estimate of costs that included the fees of three solicitors and two barristers at an interlocutory hearing.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
High Court 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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8,600 emails passed between Seven and Ben Roberts-Smithā€™s defamation lawyers, court told
Defamation 2023-07-27 1:41 pm By Cindy Cameronne

A “striking” 8,600 emails passed between Sevenā€™s commercial director and Ben Roberts-Smithā€™s legal team, suggesting the media company was actively involved in the unsuccessful defamation case, Fairfax has argued as it seeks significant defence costs.

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Developer ‘bought influence’ from Victorian MPs, councillors: IBAC report
Construction 2023-07-27 10:10 pm By Cindy Cameronne

Victorian premier Daniel Andrews has vowed to limit the role of local councils in planning decisions after the stateā€™s anti-corruption board delivered a scathing report finding property developer John Woodman ā€œbought influenceā€ from councillors in Melbourne and two state MPā€™s.

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Ned Kelly foundation can’t halt projects at site of outlaw’s last stand
Construction 2023-07-27 5:37 am By Cat Fredenburgh

The Ned Kelly Centre has come up short in its bid to halt two construction projects at the site of the famed bushranger’s last stand where he was captured by police.

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Select AFSL exec appeals ruling he ‘turned a blind eye’ to unconscionable sales tactics
Appeals 2023-07-27 11:58 pm By Cat Fredenburgh

The former director of Select AFSL has appealed a judge’s decision to slap him with a $100,000 penalty and a disqualification order after finding he “turned a blind eye” to the life insurer’s unconscionable phone sales tactics.

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Class action would have been ‘infinitely better’ than COVID-19 insurance test cases, judge says
Class Actions 2023-07-26 11:24 pm By Cindy Cameronne

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding.Ā 

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Facebook owner Meta fined $20M for misleading data privacy app
Competition & Consumer Protection 2023-07-26 9:48 am By Cindy Cameronne

A judge has ordered Meta to pay a $20 million penalty for misleading consumers by representing that its discontinued Onavo Protect mobile app would keep usersā€™ personal activity data private, when in fact it was being collected for commercial use.

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Judge won’t recuse himself from influencer case over ‘neighbourhood dispute’ remark
Defamation 2023-07-26 11:03 pm By Christine Caulfield

A Federal Court judge has dismissed an application for his recusal on apprehended bias grounds for comments made about the significance of a defamation case against a Sydney seafood restaurant by social media influencers accused of skipping out on the bill for their lobster meal.

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