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‘No safe level of exposure’ to Roundup, class action tells court
Class Actions 2024-01-29 4:46 pm By Sam Matthews

A class action against agrochemical giant Monsanto has told the court that there is “no safe level of exposure” to carcinogens allegedly present in the company’s popular weed killer Roundup. 

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‘Disrespectful to the court’: Judge swipes at insurer for radio silence
Insurance 2024-01-29 1:50 pm By Sam Matthews

The judge overseeing a suite of cases brought by holidaymakers who were seriously injured in a fatal bus collision in Vanuatu has hit out at QBE for ignoring queries about an insurance policy, as the defendants in the case scramble pass the buck for the crash. 

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No scope in Patents Act for holding directors jointly liable for unjustified threats: court
Intellectual Property 2024-01-29 3:33 pm By Cindy Cameronne

A letter by King & Wood Mallesons was an unjustifiable threat of patent litigation against car accessories company Clearview, as was an announcement by the firm’s client MSA, but MSA’s director cannot be held liable as a joint tortfeasor under the Patents Act, a judge has found.

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Ochre liquidator can serve missing directors by email, judge says
Restructuring & Insolvency 2024-01-26 1:46 pm By Sam Matthews

A judge has given a liquidator the green light to use substituted service to serve court documents on two directors of failed iron ore producer Ochre Group whose exact whereabouts are unknown, amid concerns about transactions leading up to the company’s collapse.

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Qube can draw on $7M in spat with Martinus over interstate rail project
Transportation & Infrastructure 2024-01-26 3:12 pm By Christine Caulfield

Martinus Rail cant stop logistics company Qube from calling on $7 million in bank guarantees as part of a dispute over the construction of the Moorebank Interstate Intermodal terminal and rail project, after a judge rejected the argument that drawing on the funds would contravene the Security of Payment Act.

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Telstra sued for $45M over mobile services contract
New lawsuit 2024-01-24 10:26 pm By Cat Fredenburgh

Kingfisher Mobile, which provides mobile services to Telstra customers, has taken the telecommunications giant to court for allegedly breached its contractual obligations when it engaged a new provider to take over from Kingfisher.

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The Agency Group loses trade mark fight with real estate rival
Intellectual Property 2024-01-24 3:03 pm By Cindy Cameronne

Sydney real estate group The Agency has lost an appeal in its trade mark case against a rival, with the Full Federal Court upholding a finding that the company would have an “unwarranted monopoly” if other businesses were barred from using the descriptive words in its name.

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Care A2’s $358M cross-claim a ‘new front’ in battle with Gensco, judge says
Competition & Consumer Protection 2024-01-23 2:05 pm By Cindy Cameronne

Care A2 Plus must hand over $675,000 in security for costs to pursue a $358 million cross-claim in a lawsuit by former business partner Gensco, after a judge found the infant formula company’s claims were a “counterattack”, and not merely defensive. 

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PepsiCo appeals loss in case over royalty withholding tax
Tax 2024-01-22 3:50 pm By Christine Caulfield

US drink giant PepsiCo has lodged an appeal of a court win for the Australian Taxation Office over payments made by Schweppes under a distribution agreement that were found to be subject to royalty withholding tax.

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Judge discontinues council class action against insurer JLT, won’t pause clock
Class Actions 2024-01-22 11:51 pm By Cindy Cameronne

A judge has discontinued a class action by Victorian councils against insurer JLT Risk Solutions, but has departed from the decisions of two other judges by ruling the suspension of the time limit for bringing the councils’ claims will immediately be lifted. 

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