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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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CBA class action judge may weigh impact of two failed shareholder cases
Securities 2024-01-22 11:10 pm By Cindy Cameronne

Awaiting judgment in Federal Court class actions by shareholders over its money laundering risk disclosures, the Commonwealth Bank will ask the court to reopen the case to consider the relevance of two recent decisions that found shareholders in other class actions had failed to prove loss.

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ME Bank hit with $820,000 penalty for misleading borrowers
Financial Services 2024-01-19 4:03 pm By Sam Matthews

Bank of Queensland will pay a $820,000 penalty after its Members Equity was found guilty of criminal charges over misleading representations, with a judge finding the defunct direct bank was no less responsible because the offending conduct resulted from a systems error.

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App store class actions funder can view ‘sensitive’ Apple data
Class Actions 2024-01-19 5:09 pm By Cindy Cameronne

Apple has failed to prevent a funder from accessing data that will allow it to estimate potential damages in a class action it’s bankrolling over allegedly anti-competitive app store restrictions.

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Judge slams Tesla’s ‘unrealistic’ bid for urgent arrest warrant over whistleblower docs
Intellectual Property 2024-01-19 4:25 pm By Cindy Cameronne

A judge has criticised Tesla’s bid for an urgent arrest warrant against a NSW man who allegedly published material leaked by a former employee about its self-driving software, saying the man needs the chance to properly respond to the electric car giant’s contempt of court claim. 

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