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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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Developers added to Apple, Google class actions despite conflict concerns
Class Actions 2023-03-23 4:38 pm By Cindy Cameronne

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

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Bayer ‘deeply suspicious’ of pre-trial discovery bid in fight over Xarelto patents
Intellectual Property 2023-03-23 2:09 pm By Sam Matthews

German pharmaceutical giant Bayer has slammed generic drug make Sandoz’s late bid for documents, which it called an attempt to “divert and distract” Bayer on the eve of a three-week trial over the patents for its top-selling blood clot drug Xarelto.

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Chocolatier Koko Black takes rival to court for TM infringement
Intellectual Property 2023-03-23 9:12 pm By Christine Caulfield

Artisanal chocolate brand Koko Black has brought legal action against rival chocolate maker Kokopod and its owner, alleging they are infringing on Koko Black’s trade marks.

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Judge slams ‘fishing expedition’ for AFP report in Lehrmann defamation case
Defamation 2023-03-23 1:46 pm By Sam Matthews

A judge has rejected a bid by The Project presenter Lisa Wilkinson to discover a 39,000-page AFP report outlining the contents of accused rapist Bruce Lehrmann’s phone, calling it “a classic fishing expedition.”

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Mining equipment supplier Qteq denies ACCC’s cartel claims
Competition & Consumer Protection 2023-03-23 9:22 pm By Sam Matthews

Mining equipment company Qteq and its executive chairman Simon Ashton have denied allegations of bid rigging and other cartel conduct levelled by the Australian Competition and Consumer Commission.

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ACCC urged to investigate Etihad for ‘greenwashing’
Climate change 2023-03-23 12:01 am By Cat Fredenburgh

A complaint has been lodged with the Australian Competition and Consumer Commission against Etihad Airways for allegedly making false or misleading statements about its greenhouse gas emissions and plans for achieving net zero emissions.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Full Court to decide scope of whistleblower laws in ex-Greenwoods partner’s $13M case
Employment 2023-03-22 11:42 pm By Cat Fredenburgh

A judge hearing a lawsuit by an ex-Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease has ordered that the court first decide whether new whistleblower protections apply retrospectively.

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Barrister who repped Mawhinney can act against him, but not in settlement talks
Restructuring & Insolvency 2023-03-22 8:59 pm By Sam Matthews

A senior barrister who represented Mayfair 101 founder James Mawhinney in mediation of two cases last year has been allowed to appear against him at a hearing in another dispute against a lender and two McGrathNicol receivers, but the silk won’t participate in settlement talks.

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