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High Court to clarify availability of pooling orders
Restructuring & Insolvency 2023-09-18 9:55 pm By Cat Fredenburgh

The High Court has agreed to take up a case by a liquidator for two related NSW printing companies that could settle the question of whether pooling orders are available for businesses with common right to sue.

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High Court won’t step in to revive Energy Beverages’ ‘Motherland’ trade mark
Intellectual Property 2023-09-18 11:11 pm By Cat Fredenburgh

The maker of Mother Energy drinks has failed to convince the High Court that it should weigh in on its long-running intellectual property spat with Vittoria Coffee, which ended in the removal of its ‘Motherland’ trade mark.

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Winner of J&J class action settlement gig beats back challenger
Class Actions 2023-09-15 11:22 pm By Cindy Cameronne

The runner-up in a contest to administer Johnson & Johnson’s $300 million settlement of two pelvic mesh class actions has lost a challenge to a decision awarding the prize to the team of Slater & Gordon, BDO and the firm of former Shine Lawyers solicitor Jan Saddler.

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RCR Tomlinson shareholders reach $40M class action settlement
Class Actions 2023-09-15 11:15 pm By Christine Caulfield

Shareholders of failed engineering firm RCR Tomlinson have secured a $40 million settlement in a class action brought over alleged misleading ASX statements.

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High Court to hear appeal of ACCC’s unconscionable conduct win against college
Competition & Consumer Protection 2023-09-15 4:54 pm By Cindy Cameronne

The High Court has granted defunct online educator Captain Cook College special leave to appeal a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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Judge OKs $50M settlement, $2.5M Deloitte fee in CBA class action
Class Actions 2023-09-15 10:45 pm By Sam Matthews

A judge has approved a $50 million settlement in a class action against the Commonwealth Bank over allegedly worthless consumer credit insurance after his concerns about a $2.5 million deduction for Deloitte were allayed.

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Peter V’landys stuck with defamation loss after High Court declines special leave
Defamation 2023-09-15 3:59 pm By Cat Fredenburgh

Racing NSW CEO Peter V’landys AM has failed in his bid to have the High Court take up his challenge to an appeals court ruling that found an ABC report on the killing of racehorses was not defamatory despite not being high quality journalism.

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Competition case against NSW Ports destined for High Court, court told
Competition & Consumer Protection 2023-09-15 10:21 pm By Cindy Cameronne

A New South Wales developer’s argument that the Full Court was “plainly wrong” to dismiss the ACCC’s competition case against NSW Ports over the privatisation of two ports is destined for the High Court, a judge has heard. 

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Court tosses Network Ten producer’s $400,000 underpayments claim
Employment 2023-09-15 4:25 pm By Sam Matthews

A judge has dismissed a suit by a former executive producer at Network Ten who claimed she was owed nearly $400,000 in severance pay under an industry award, finding the award did not apply to senior management.

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Judge says Optus CEO’s statement on Deloitte report raises doubts about privilege claim
Class Actions 2023-09-14 11:39 pm By Sam Matthews

A judge has questioned an argument by Optus that a report by Deloitte into a major data breach was protected by privilege, saying a press release by the teleco’s boss belied the claim that the provision of legal advice was the report’s chief purpose.

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