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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Arbitration 2021-05-28 11:02 pm By Christine Caulfield

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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BHP tells Full Court class action regime only for Australian residents
Class Actions 2021-05-21 11:41 pm By Miklos Bolza

Global resources giant BHP Group has asked the Full Court to rule foreign investors should be excluded from a shareholder class action over the 2015 Fundao dam disaster, arguing the class action regime only applies to those in Australia.

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Fuchs wins ruling invalidating Quakers’ mining patents
Intellectual Property 2021-05-06 10:08 am By Miklos Bolza

The Australian arm of Fuchs Lubricants has succeeded in invalidating two patents owned by Quakers Chemicals, with the Full Federal Court finding the inventions were not novel because Quakers had tested them in public prior to applying for registration with IP Australia.

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Futura Resources unit loses appeal of R&D tax offsets over coking coal project
Tax 2021-05-03 12:06 pm By Miklos Bolza

A unit of coal mining company Futura Resources has failed to convince the Full Federal Court to allow it to register a 2012 coking coal mine investigation conducted in Central Queensland for a research and development tax offset.

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NAB class action over MySuper put on ice as invalidity ruling challenged
Financial Services 2021-04-22 10:35 pm By Christine Caulfield

A Federal Court class action against two NAB units over $6.3 billion in super funds is on hold after lawyers for the applicant filed an appeal of a ruling that found their state court proceeding had been invalidly commenced.

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ACCC to fight production of JPMorgan witness statements in ANZ cartel case
Competition & Consumer Protection 2021-04-22 5:02 pm By Cat Fredenburgh

The judge who vowed last year to move a criminal cartel case over a $2.5 billion ANZ share placement to trial “before we all retire” will soon weigh the ACCC’s claim for privilege over statements from JPMorgan witnesses it has been accused of pressuring during its investigation, two months after a different judge heard a still unresolved privilege fight in the long-running case.

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ATO prepared to rule out prosecuting PwC for tax offences after privilege fight
Tax 2021-04-16 2:30 pm By Miklos Bolza

The Australian Taxation Office has told a judge it would be prepared to “give comfort” to PricewaterhouseCoopers that it will not prosecute the accounting giant for tax offences relating to documents at the centre of a court battle over privilege.

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Plastic surgeon named in breast implants class action locked in legal battle with insurers
Insurance 2021-03-29 2:51 pm By Miklos Bolza

A court has ordered Avant Insurance to supply certain documents to a plastic surgeon seeking coverage for legal costs of defending a class action against The Cosmetic Institute over allegedly “incompetent” breast augmentation surgery.

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ASIC triumphs in ‘bad advice’ case against IOOF unit
Financial Services 2021-03-24 12:29 pm By Miklos Bolza

A former financial advisor employed by an IOOF unit accused of taking hefty commissions for steering investors towards risky investments contravened the financial advice provisions of the Corporations Act, a judge has found.

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Freedom Foods dispute with Blue Diamond heads to arbitration in California
Competition & Consumer Protection 2021-03-08 2:02 pm By Miklos Bolza

A legal battle in the Federal Court between Freedom Foods and Blue Diamond Growers over an almond milk licensing deal has been stayed so the parties can arbitrate their dispute in California, where the Australian Consumer Law will apply.

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