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Viterra loses bid for ‘drastic’ freezing orders to safekeep $18m arbitration award
Arbitration 2022-03-15 10:01 pm By Cindy Cameronne

Viterra has lost its battle to maintain freezing orders against two Australian business as it seeks to enforce an $18.7 million arbitration award against a related but separate Chinese company.

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TerraCom can’t keep PwC report from ASIC investigators
Energy & Natural Resources 2022-03-11 10:14 pm By Christine Caulfield

Mining company TerraCom has lost a case seeking to shield a report by PricewaterhouseCoopers from the Australian Securities and Investments Commission, which is investigating claims current and former executives falsified coal quality results.

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Class action waiver in Ruby Princess cruise T&Cs not unfair, court told
Class Actions 2022-02-14 9:51 pm By Christine Caulfield

A class action waiver in the terms and conditions of tickets purchased by US passengers embarking on the fateful Ruby Princess cruise at the height of the first COVID-19 wave was neither unfair nor onerous, an appeals court has heard.

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Meta, Instagram lose appeal bid to arbitrate startup’s competition case
Competition & Consumer Protection 2022-02-04 1:58 pm By Christine Caulfield

An appeals court has dismissed a second attempt by Meta and Instagram to shut down a misuse of market power case by a Melbourne-based social media startup.

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Carnival keeps up fight to exclude foreign passengers from class action
Competition & Consumer Protection 2021-10-06 5:44 pm By Christine Caulfield

Carnival has launched a challenge to last month’s court finding that overseas passengers could remain group members in a class action over the 2020 Ruby Princess COVID-19 outbreak.

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Judge vacates Ruby Princess class action trial
Class Actions 2021-09-17 6:34 pm By Miklos Bolza

A judge has vacated a March hearing in a class action against cruise operator Carnival over last year’s Ruby Princess COVID-19 outbreak, a week after resolving an almost year-long dispute about whether overseas passengers could be part of the proceeding.

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Carnival can’t exclude overseas passengers from Ruby Princess class action
Class Actions 2021-09-10 11:53 am By Miklos Bolza

Cruise operator Carnival has lost its bid to exclude US and UK passengers from a class action over the 2020 Ruby Princess COVID-19 outbreak, with a judge finding the Federal Court was not a “clearly inappropriate forum” to hear the dispute.

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Allergan wins appeal in Botox trade mark battle
Intellectual Property 2021-09-08 5:19 pm By Miklos Bolza

Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.

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Judge scolds Delta Coal liquidators for late notification of insolvent trading case
Restructuring & Insolvency 2021-08-11 1:53 pm By Miklos Bolza

A Federal Court judge has criticised the liquidators of coal mining company Delta for waiting over two years to file insolvent trading proceedings against former directors when the same issues of solvency had already been raised in two other cases.

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COVID-19 delays judgment in ACCC’s long-running case against private college Phoenix
Competition & Consumer Protection 2021-08-06 3:37 pm By Miklos Bolza

Sydney’s ongoing COVID-19 lockdown has created “logistical” difficulties delaying the release of a long awaited judgment in the ACCC’s consumer law case against collapsed private college Phoenix Institute, which was accused of misleading students through the marketing of its courses.

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