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Eighth attempt at cosmetic surgery class action still not good enough, court told
Class Actions 2024-06-27 10:08 pm By Cindy Cameronne

Sydney-based plastic surgeon Daniel Lanzer and several of his associates have objected to a class action’s eighth attempt at getting its claims over allegedly negligent cosmetic procedures right, saying the plaintiffs were engaged in a “continuing cycle of propagating versions” of their case.

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Five years in, Meta goes on offensive in competition case by social media start-up
Competition & Consumer Protection 2024-06-27 11:15 pm By Sam Matthews

Five years after it was first hit with a competition case by Dialogue Consulting, Meta has filed a cross-claim against the Melbourne social media company, alleging it collects and stores Instagram user login credentials and instructs clients to provide inaccurate information to the platform.

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Westpac wins case over alleged $15M fraud by stall at Sydney’s Flemington Market
Financial Services 2024-06-27 5:34 pm By Sam Matthews

Westpac has won its case against the owner of a fruit stand in Sydney’s Flemington Markets over a fraudulent scheme perpetrated using a $15 million invoice discounting facility provided by the bank.

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Samsung Bioepis’ ‘scattergun approach’ dooms bid for R&D docs in fight over Pfizer’s Enbrel patent
Intellectual Property 2024-06-27 11:54 pm By Andy Sidler

A judge has rejected Samsung Bioepis’ bid to discover research and development documents from Pfizer as it seeks to invalidate the drug giant’s patent for its blockbuster autoimmune drug Enbrel, agreeing with Pfizer that it may be “no more than an exercise in fishing”.

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Aldi blasts ‘desperate’ copycat case over Little Bellies fruit snacks
Intellectual Property 2024-06-27 11:25 pm By Sam Matthews

Aldi has slammed what it says is a novel copyright infringement case alleging the German grocery chain copied the “vibe” of a rival’s snack packaging. 

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Bonza administrators say budget airline likely traded while insolvent
Restructuring & Insolvency 2024-06-27 10:19 pm By Andy Sidler

The administrators for budget airline Bonza have found it likely traded while insolvent in the lead-up to its voluntary administration, suggesting the airline’s directors may have breached their duties under the Corporations Act. 

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Second highest contingency fee wins OK in class action against FleetPartners
Class Actions 2024-06-26 11:04 pm By Christine Caulfield

Previously noting the rate was “well outside the median range”, a judge has made an order granting the second highest contingency fee to a law firm running a shareholder class action against vehicle company FleetPartners Group, saying he was satisfied the group costs order was appropriate and necessary.

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Fortescue accused of ‘egregious material nondisclosure’ in case against green iron start-up
Intellectual Property 2024-06-26 10:06 pm By Cindy Cameronne

Start-up Element Zero claims Fortescue did not disclose material information to the court when it obtained search orders in its case alleging “industrial scale misuse” of the mining company’s confidential information.

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Full Court finds bottling agreement payments to PepsiCo’s not taxable royalties
Tax 2024-06-26 11:39 pm By Cindy Cameronne

In a loss for the Australian Taxation Office, the Full Federal Court has found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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Sleeping Duck sues to get messages between former employees, rival Eva
Employment 2024-06-26 11:27 pm By Sam Matthews

Melbourne mattress and bedding start-up Sleeping Duck is seeking preliminary discovery of communications between former employees and rival company Eva Sleep, including correspondence allegedly containing financial information and trade secrets. 

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