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Brambles hit with second shareholder class action
Class Actions 2018-08-14 10:40 pm By Cat Fredenburgh

Chain logistics company Brambles is facing a second class action alleging it breached its continuous disclosure obligations by failing to revise its overly rosy 2017 financial forecast on several occasions.

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Ethicon fights expanded class in vaginal mesh action
Class Actions 2018-08-13 10:09 pm By Miklos Bolza

Ethicon told the Full Federal Court on Monday that the judge overseeing the marathon class action against it over allegedly defective vaginal mesh devices got it wrong when she reset the dates for inclusion in the class.

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Potato wholesaler rejects ACCC’s ‘egregious’ contracts case
Competition & Consumer Protection 2018-08-08 8:03 pm By Miklos Bolza

Australia’s largest potato wholesaler Mitolo Group has hit back at allegations by the ACCC that its contracts with growers were unfair, telling a court the terms were open to negotiation and were necessary to protect the company’s intellectual property.

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Full Court questions restraint against class action lawyers
Class Actions 2018-08-07 10:21 pm By Miklos Bolza

The Full Federal Court expressed doubts Tuesday about an “unusual” and “heavy handed” order restraining lawyers leading the stayed class actions against GetSwift from advising their clients about whether to opt out of the prevailing action.

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GetSwift class action should be reheard by new judge, Full Court told
Class Actions 2018-08-06 9:03 pm By Miklos Bolza

The judge overseeing the GetSwift class action proceedings was bent on picking a winner from the outset and should be removed from the case for rehearing, a barrister for one of the losing law firms told the Full Federal Court Monday.

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Arnold Bloch to defend Kogan against ‘catch’ AdWords claims
Intellectual Property 2018-07-13 12:13 pm By Cat Fredenburgh

Arnold Bloch Liebler will defend e-retailer Kogan against allegations by competitor Catch Group that it is violating its “catch” trademarks and the consumer law through sponsored links on Google driven by phrases using the word “catch”.

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Funder slashed rates to secure $132.5M QBE settlement, judge says
Class Actions 2018-07-11 11:32 pm By Cat Fredenburgh

The litigation funder behind the Federal Court’s precedential ruling that established the first common fund order in an Australian class action agreed to cuts its rates as part of negotiations that resulted in the $132.5 million settlement of the class action against QBE Insurance.

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Full Court tosses appeal in copycat case over sheep placenta oil
Competition & Consumer Protection 2018-07-06 9:38 pm By Christine Caulfield

Australian drug company Homart Pharmaceuticals has lost an appeal of a ruling that found the packaging of its bio-placenta skin care oil was intentionally and deceptively similar to a rival’s get-up, in breach of the consumer law.

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Class seeks to slash Quinn Emanuel, Vannin’s fees by millions
Class Actions 2018-07-04 10:52 pm By Miklos Bolza

The lead applicant in a resolved class action against Bank of Queensland has argued law firm Quinn Emanuel and litigation funder Vannin Capital should have their costs slashed by millions of dollars, saying their fees left little of the settlement for group members.

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Carlisle Homes loses injunction bid in copyright case
Intellectual Property 2018-06-27 10:32 pm By Cat Fredenburgh

A judge had denied home builder Carlisle Homes’ bid for a temporary injunction in a case alleging rival home builder Resimax violated its copyright for residential homes designs, instead ordering that the case move swiftly to trial.

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