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‘Too simplistic’: Judges’ support for disclaimer challenged in class action’s High Court appeal
Appeals 2023-04-13 11:57 pm By Christine Caulfield

The farmers leading a class action against Advanta Seeds over contaminated product have brought their case to the High Court, challenging an appeals court’s holding that a disclaimer nullified the company’s duty to protect growers against economic loss.

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Mineralogy, ASIC spar in ‘collateral attack’ on Clive Palmer criminal case
ASIC 2021-06-22 4:38 pm By Miklos Bolza

Mineralogy is seeking declarations that its 2014 financial statements were true and fair in a court case ASIC has called a “collateral attack” on criminal proceedings brought against Clive Palmer over $12 million spent on his political aspirations.

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$10M settlement offer rejected by plaintiffs in Advanta Seeds class action
Class Actions 2021-06-08 2:04 pm By Christine Caulfield

Plaintiffs in a class action against Advanta Seeds rejected a $10 million offer to settle the litigation, which was later dismissed by a judge.

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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a ā€œdisturbingā€ number of similarities with the marketing and appearance of an established competitorā€™s Rescue natural sleep aid product.

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Farmers appeal ruling tossing contaminated seeds class action against Advanta
Class Actions 2021-05-11 9:55 pm By Cindy Cameronne

Queensland and NSW sorghum farmers have appealed a ruling that shut down its class action brought over allegedly contaminated seeds, saying the judge was wrong to find Advanta Seeds did not owe them a duty of care.

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Judge nips Advanta Seeds class action in the bud, finds no duty of care owed
Class Actions 2021-04-09 5:59 pm By Miklos Bolza

Advanta Seeds has defeated a class action brought over contaminated seeds, with a court finding the Australian seed supplier did not owe a duty of care to irate farmers who allegedly suffered loss and damage from the decreased value of their sorghum crops sowed in the 2010/2011 summer season.Ā 

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Law firm boss can’t halt compensation bid in disciplinary action pending negligence suit
Professional Negligence 2021-01-14 2:08 pm By Miklos Bolza

The managing partner of a Brisbane-based law firm has failed to shut down a bid for compensation brought in disciplinary proceedings filed by the Legal Services Commissioner, which is seeking damages identical to those sought in a separate negligence case by a client.

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Nine loses appeal of $3.7M defamation award over 60 Minutes floods report
Defamation 2020-10-13 5:16 pm By Miklos Bolza

The Nine Network has lost its challenge to a $3.7 million defamation judgment awarded to a prominent Queensland family over a 60 Minutes report that implied they were to blame for a 2011 flood event that killed 12 people.

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Judge shoots down Advanta Seeds’ bid for names of signed class action members
Class Actions 2020-03-02 12:55 pm By Cat Fredenburgh

Farmers in a class action against Advanta Seeds over allegedly contaminated sorghum have defeated a bid by the company to hand over a list of all group members who have signed funding agreements to join the case.

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Ernst & Young strikes out with third party claims against failed LM Investment
Restructuring & Insolvency 2019-10-08 11:47 pm By Cat Fredenburgh

Ernst & Young, which is facing a lawsuit brought by the receiver of a fund overseen by failed financial services firm LM Investment Management, has lost its bid to file a claim for damages against LMIM, with a judge saying the auditor’s case was “flawed” and “counterintuitive”.

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