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Google wants say on whether Epic battle with Apple should be heard in Australia
Appeals 2021-05-12 3:43 pm By Cat Fredenburgh

Internet search giant Google wants to weigh in on an appeal over whether Epic Games’ lawsuit accusing Apple of abusing its dominance in the app store marketplace should be heard in Australia, as the ACCC wins its bid to intervene in the case.

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Ultra Tune founder’s ex could raise ‘Bart Simpson defence’ to contempt charge, judge says
Automotive 2021-05-12 2:37 pm By Miklos Bolza

The former girlfriend of Ultra Tune founder Sean Buckley is facing a contempt charge for allegedly sending secret recordings to two individuals despite a court injunction, with a judge saying she could raise what he called a ‘Bart Simpson defence’ in denying the alleged conduct.

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Farmers appeal ruling tossing contaminated seeds class action against Advanta
Class Actions 2021-05-11 9:55 pm By Cindy Cameronne

Queensland and NSW sorghum farmers have appealed a ruling that shut down its class action brought over allegedly contaminated seeds, saying the judge was wrong to find Advanta Seeds did not owe them a duty of care.

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Judge won’t keep sales figures confidential in epic Cargill, Viterra battle
Corporate 2021-05-11 3:55 pm By Miklos Bolza

A Victoria Supreme Court judge has rejected a post-trial bid to keep details of the 2019 sale of Cargill’s malt business under wraps in a long-running case over Viterra’s $420 million sale of its Joe White business, finding the move would be contrary to the principles of open justice where no harm from disclosure had been demonstrated.

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Lawyer must pay costs for appeal that should never have been filed, Full Court says
Employment 2021-05-11 2:53 pm By Christine Caulfield

An employment solicitor representing a sacked Jetstar pilot must pay the airline’s legal costs in defending an appeal application “that ought never to have been made”, an appeals court has found.

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Appeals court clarifies peak indebtedness rule in partial win for Gunns creditor
Restructuring & Insolvency 2021-05-11 12:57 pm By Miklos Bolza

An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.

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Vic Solar hit with $3M penalty for consumer law violations
Competition & Consumer Protection 2021-05-10 10:10 pm By Cindy Cameronne

A judge has hit solar panel supplier Vic Solar with a $3 million penalty for breaching the consumer law by making misleading representations in thousands of door-to-door sales of solar panels.

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Quintis class action settlement to drag on with insurers’ appeal
Appeals 2021-05-10 5:03 pm By Cat Fredenburgh

Two insurers have appealed a ruling that could provide a further $11.25 million to group members in a class action against sandalwood producer Quintis, further delaying finalisation of a settlement reached in the group proceeding over a year ago.

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HWL Ebsworth forced to hand over client file notes to ANZ whistleblower
Business of Law 2021-05-10 4:48 pm By Miklos Bolza

HWL Ebsworth has been ordered to hand over file notes to a former client and whistleblower suing ANZ for unfair dismissal, with a judge rejecting the law firm’s argument that the notes were created solely for the benefit of the junior solicitor taking them.

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Judge slams Monsanto’s ‘highly unsatisfactory’ behaviour in Roundup class action
Class Actions 2021-05-10 4:27 pm By Miklos Bolza

A judge has criticised agricultural giant Monsanto for its “highly unsatisfactory” conduct in ignoring court orders in a class action over its allegedly cancer-causing Roundup pesticides.

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