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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
Competition & Consumer Protection 2021-12-07 6:18 pm By Miklos Bolza

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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Clive Palmer loses High Court battle over right to sue WA for $30B
High Court 2021-10-13 6:29 pm By Miklos Bolza

Mining magnate Clive Palmer and two of his mining firms have lost a High Court challenge seeking to overturn a Western Australian law which prevented him from suing the state government for $30 billion over mining tenements in the Pilbara.

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Shareholders looking to revive class action say Worley pursued ‘growth stock’ ambitions over accuracy
Appeals 2021-08-16 9:09 pm By Cindy Cameronne

Worley crafted the budget behind an allegedly misleading 2014 earnings guidance so that its shares could be rated as a “growth stock”, the Full Court has heard as shareholders seek to revive a failed class action against the engineering company.

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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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High Court deals crushing defeat to casual workers
Employment 2021-08-04 10:51 am By Miklos Bolza

The High Court has found casual employees who work regular shifts are not entitled to paid annual, personal and compassionate leave under the Fair Work Act, putting the fate of seven class actions by casual miners in question.

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High Court to hear ATO test case over trust income disclaimers
Tax 2021-04-20 3:16 pm By Miklos Bolza

The High Court has granted special leave in a test case by the Australian Taxation Office concerning the effectiveness of disclaimers by trust beneficiaries giving up entitlements to trust income and any associated tax obligations.

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Telstra denied special leave in legal stoush with cities over smart payphone installation
Telecommunications 2021-04-15 10:08 pm By Christine Caulfield

Telstra has failed in its appeal to the High Court to hear its battle with Melbourne, Sydney and Brisbane over the planned upgrade of its payphone network across Australia.

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Late opt outs imperil $138M IAG ‘junk insurance’ class action settlement
Class Actions 2021-03-12 4:43 pm By Miklos Bolza

A group of late opt out notices by group members in a class action over IAG insurance, who were egged on in part by a ‘corporate warfare’ campaign by claims management service Claimo, could result in IAG pulling the plug on a $138 million settlement.

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Kimberly-Clark agrees to pay $200,000 penalty in flushable wipes case
ACCC 2021-02-12 1:41 pm By Miklos Bolza

US consumer goods giant Kimberly-Clark has agreed to pay $200,000 for misleading ‘Made in Australia’ representations made on its ‘flushable’ wipes.

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Vagisil maker wins appeal to halt European rival’s trade mark
Intellectual Property 2021-02-11 3:40 pm By Spencer Fowler Steen

The maker of Vagisil feminine hygiene products has successfully overturned a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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